Employee Liability Waiver - England and Wales

Employee Liability Waiver for the United Kingdom

Employee Liability Waiver Template for England and Wales

An Employee Liability Waiver is a legal document used in England and Wales that establishes specific circumstances under which an employee agrees to waive certain rights to claim against their employer. The document must comply with English employment law, including the Health and Safety at Work Act 1974 and the Unfair Contract Terms Act 1977. It cannot override statutory rights or exclude liability for death or personal injury caused by negligence.

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What is a Employee Liability Waiver?

The Employee Liability Waiver is utilized when organizations need to manage risk in specific workplace scenarios while maintaining compliance with English and Welsh law. This document is particularly relevant for activities beyond normal work duties or in high-risk environments. While it cannot override statutory protections or fundamental employer duties, it helps clarify the scope of voluntary risk acceptance by employees. The waiver must be carefully drafted to ensure compliance with employment legislation, including the Health and Safety at Work Act 1974 and the Unfair Contract Terms Act 1977.

What sections should be included in a Employee Liability Waiver?

1. Parties: Identifies the employer and employee participating in the waiver agreement

2. Background: Context of the waiver and employment relationship, including reference to relevant employment status

3. Definitions: Key terms used throughout the document including 'Liability', 'Claims', 'Excluded Claims', etc.

4. Scope of Waiver: Detailed description of specific liabilities being waived, with clear exclusions for non-waivable rights

5. Statutory Rights Acknowledgment: Explicit statement confirming that statutory rights cannot be waived and reference to relevant legislation

6. Consideration: Details of what the employee receives in exchange for the waiver to ensure legal validity

7. Governing Law: Confirmation that the agreement is governed by the laws of England and Wales

What sections are optional to include in a Employee Liability Waiver?

1. Specific Activity Waiver: Additional clause for waivers related to specific workplace activities or events

2. Insurance Coverage: Section detailing relevant insurance policies and coverage applicable to the waiver

3. Duration: Specific clause defining the time period of the waiver if not permanent

4. Severability: Clause ensuring that if any part of the waiver is found invalid, the rest remains in effect

What schedules should be included in a Employee Liability Waiver?

1. Schedule 1 - Excluded Claims: Comprehensive list of claims and rights that cannot be waived under applicable law

2. Schedule 2 - Risk Assessment: Detailed risk assessments for specific activities covered by the waiver

3. Schedule 3 - Insurance Details: Complete details of relevant insurance coverage and policies

4. Schedule 4 - Statutory References: List of relevant legislation and statutory provisions affecting the waiver

Authors

Alex Denne

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

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What is a Employee Liability Waiver?

What sections should be included in a Employee Liability Waiver?

What sections are optional to include in a Employee Liability Waiver?

What schedules should be included in a Employee Liability Waiver?

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