Employee Hold Harmless Agreement Template for England and Wales

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Key Requirements PROMPT example:

Employee Hold Harmless Agreement

I need an Employee Hold Harmless Agreement for our construction company based in Manchester, covering our site supervisors who work at multiple client locations and handle expensive equipment, to be implemented from March 2025.

Document background
The Employee Hold Harmless Agreement is designed to manage risk and liability in employment relationships under English and Welsh law. This document is particularly relevant when employees engage in activities that could expose the employer to potential claims or losses. It sets out clear terms for indemnification while remaining compliant with UK employment legislation, including the Employment Rights Act 1996 and the Unfair Contract Terms Act 1977. The agreement balances the employer's need for protection with the employee's statutory rights and cannot override mandatory employment protections.
Suggested Sections

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Indemnification: Details what actions and circumstances are covered by the hold harmless provision

5. Duration: Specifies how long the hold harmless provisions remain in effect

6. Governing Law: Confirms the agreement is governed by English and Welsh law

Optional Sections

1. Insurance Requirements: Details any insurance obligations, used when specific coverage is required

2. Confidentiality: Include when the agreement involves sensitive information

3. Third Party Rights: Include when other parties might be affected by the agreement

4. Dispute Resolution: Include when specific dispute resolution procedures are desired

Suggested Schedules

1. Schedule of Covered Activities: Lists specific activities covered by the hold harmless provision

2. Insurance Certificates: Copies of relevant insurance policies if required

3. Related Agreements: References to employment contract or other relevant agreements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Employment Rights Act 1996: Fundamental employment rights legislation that sets out basic employment rights. Hold harmless provisions cannot override statutory employment rights, and unfair dismissal provisions must be considered.

Unfair Contract Terms Act 1977: Restricts the extent to which liability can be excluded or limited. Sets reasonableness requirements and prohibits exclusion of liability for death or personal injury.

Consumer Rights Act 2015: While primarily for consumer relationships, may be relevant if there are consumer-like aspects to the employment relationship.

Equality Act 2010: Ensures the agreement doesn't discriminate based on protected characteristics. Any indemnification must not violate equality principles.

Health and Safety at Work Act 1974: Prevents contracting out of statutory health and safety obligations. Maintains the paramount nature of employer's duty of care.

Data Protection Act 2018 and UK GDPR: Governs handling of personal data. Parties cannot contract out of data protection obligations.

Common Law Principles: Covers consideration requirements, reasonableness of terms, and public policy considerations in contract formation.

Contract Law Fundamentals: Ensures agreement meets basic requirements for valid contracts and maintains clarity and unambiguity in terms.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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