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Employee Liability Waiver Template for England and Wales

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Key Requirements PROMPT example:

Employee Liability Waiver

"I need an Employee Liability Waiver for our construction company's team-building event in March 2025, which will involve outdoor activities and needs to specifically address physical injury risks while maintaining compliance with UK health and safety regulations."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Health and Safety at Work etc. Act 1974: Primary legislation establishing employer's fundamental duty of care and statutory obligations regarding workplace safety. These obligations cannot be waived in a liability document.

Unfair Contract Terms Act 1977 (UCTA): Crucial legislation that restricts the ability to exclude liability for death or personal injury and sets requirements for reasonableness in contract terms. Places significant limitations on excluding liability for negligence.

Employment Rights Act 1996: Protects basic employment rights and establishes certain statutory rights that cannot be waived through a liability document.

Equality Act 2010: Prohibits the exclusion of liability for discrimination and establishes protected characteristics that must be considered in any employment-related document.

Consumer Rights Act 2015: While primarily focused on consumer protection, its principles may have relevance to employment relationships and should be considered in drafting liability waivers.

Common Law Principles: Encompasses fundamental legal principles including duty of care, reasonableness, and public policy considerations that must be respected in any liability waiver.

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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