Nobody wants to make that first move

[EvilGazebo]

That indemnity isn't worth the paper it's written on. The Agency has a legal liability and if they set up properly a legal responsibility to assess. HMRC will recover from them. They can then try to recover this loss from the contractor, there are a number of hurdles. The loss would have to be caused in some way by the contractor and not by the Agency. As the Agency is responsible for assessment and has presumably gotten this wrong it would be a stretch. Add to the mix the likelihood of the contractor still existing and having assets to enable payment plus the general inconvenience of legal action and any Agency relying on that is building their house on sand in my view.

100% agree. I did an "outside" public sector gig under the new rules where the agency included such a clause and wouldn't take it out. The general view (including the contract reviewer I used) was that it was completely unenforceable. Needs a test case but I was happy the risk was negligible.

Given that my LinkedIn is full of agencies starting to push these online status tools backed by insurance, I think they understand that trying to offload the responsibility downstream is a non-starter (because lawyers have told them so).

[boxingbantz]

We'll know when it happens because there will be a deluge of 'what do I do now' posts on here.

Got my 'Read the sticky' saved to clipboard ready.

I bet you have you tedious bore.

[northernladuk]

I bet you have you tedious bore.

But you found my advice useful when you were struggling with notice periods. Me being the only one that posted an answer and all that?
https://www.contractoruk.com/forums/...-contract.html

[boxingbantz]

But you found my advice useful when you were struggling with notice periods. Me being the only one that posted an answer and all that?
https://www.contractoruk.com/forums/...-contract.html

Correct - so it shows that there is more to you than telling people to read stickies and/or do a google search. You're better than that.