Nobody wants to make that first move Nobody wants to make that first move - Page 3
Page 3 of 3 FirstFirst 123
Posts 21 to 24 of 24
  1. #21

    Nervous Newbie


    Join Date
    Jan 2011
    Posts
    9

    Default

    Quote Originally Posted by ComplianceLady View Post
    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).

  2. #22

    Still gathering requirements...

    boxingbantz's Avatar
    Join Date
    Jun 2011
    Posts
    87

    Default

    Quote Originally Posted by northernladuk View Post
    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.

  3. #23

    My post count is Majestic

    northernladuk's Avatar
    Join Date
    Mar 2009
    Posts
    40,715

    Default

    Quote Originally Posted by boxingbantz View Post
    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
    'CUK forum personality of 2011 - Winner - Yes really!!!!

  4. #24

    Still gathering requirements...

    boxingbantz's Avatar
    Join Date
    Jun 2011
    Posts
    87

    Default

    Quote Originally Posted by northernladuk View Post
    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.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •