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Indemnity Agreement Between Employer And Employee Template for England and Wales

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Key Requirements PROMPT example:

Indemnity Agreement Between Employer And Employee

"I need an Indemnity Agreement Between Employer And Employee for our senior technology consultant who will be working with sensitive client data and proprietary software, with coverage specifically for intellectual property claims and data breach incidents."

Document background
The Indemnity Agreement Between Employer And Employee is commonly used in situations where employees may face personal liability risks while performing their duties. This document, governed by English and Welsh law, is particularly relevant for senior executives, directors, and employees in high-risk positions. It provides clarity on the extent of protection offered by the employer, including financial compensation for legal costs, damages, and other specified losses. The agreement typically includes detailed terms about covered events, exclusions, notification requirements, and the duration of protection, while ensuring compliance with employment law and corporate governance requirements.
Suggested Sections

1. Parties: Identification and details of the employer and employee

2. Background: Context and purpose of the indemnity agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Indemnity: Detailed description of what is covered by the indemnity

5. Duration: Period during which the indemnity remains valid

6. Obligations of Parties: Specific duties of both employer and employee

7. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Insurance Requirements: Details of required insurance coverage and obligations when specific insurance requirements are part of the arrangement

2. Confidentiality: Provisions regarding confidential information when dealing with sensitive information or trade secrets

3. Third Party Rights: Rights of third parties under the agreement when third parties might be affected by the indemnity

Suggested Schedules

1. Schedule 1: Specified Activities: Detailed list of activities covered by the indemnity

2. Schedule 2: Excluded Events: List of circumstances where indemnity doesn't apply

3. Schedule 3: Insurance Requirements: Detailed insurance specifications and requirements

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

























Clauses

























Industries

Employment Rights Act 1996: Primary UK legislation governing employment rights, including basic employment protections, unfair dismissal, and statutory rights

Equality Act 2010: Legislation protecting against discrimination in the workplace and ensuring equal treatment of employees

Employment Relations Act 1999: Framework for employment relations, including collective rights and dispute resolution

Unfair Contract Terms Act 1977: Controls the use of unfair terms in contracts, particularly relevant for indemnity clauses

Consumer Rights Act 2015: While primarily for consumer protection, may have relevance in employment context regarding fairness of terms

Human Rights Act 1998: Ensures proportionality and protection of fundamental rights in employment relationships

Data Protection Act 2018: Governs the processing of personal data, including employee information

UK GDPR: Post-Brexit data protection regulations affecting employee data handling and privacy

Health and Safety at Work Act 1974: Framework for workplace safety obligations and responsibilities

Financial Services and Markets Act 2000: Relevant for indemnities in financial services sector employment

Restraint of Trade Doctrine: Common law principle limiting restrictions on employee's future employment

Rules Against Penalties: Common law principles preventing punitive contract clauses

Common Law Contract Principles: Fundamental principles of contract formation, including offer, acceptance, consideration, and intention

FCA Regulations: Financial Conduct Authority regulations affecting employment in regulated sectors

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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