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Independent Employment Agreement Template for England and Wales

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Key Requirements PROMPT example:

Independent Employment Agreement

"I need an Independent Employment Agreement for a senior software developer contractor who will work remotely from Spain for our UK company starting March 2025, with specific IP provisions for software development and the ability to provide substitute contractors when needed."

Document background
The Independent Employment Agreement serves as a comprehensive legal framework for engaging contractors in England and Wales. It's essential when businesses require specialized services without creating an employer-employee relationship. This document addresses key aspects including scope of work, payment terms, intellectual property rights, and ensures compliance with UK employment law and IR35 legislation. It's particularly relevant in today's gig economy and flexible working arrangements, providing clarity and protection for both parties while maintaining appropriate independence in the working relationship.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of services to be provided

5. Payment Terms: Fees, invoicing and payment procedures

6. Term and Termination: Duration and termination provisions

7. Independent Contractor Status: Confirmation of self-employed status and IR35 considerations

8. Intellectual Property: Ownership and rights to work product

9. Confidentiality: Protection of confidential information

Optional Sections

1. Non-Compete: Restrictions on competitive activities during and after the engagement

2. Equipment Provision: Terms for providing and using equipment and resources

3. Insurance Requirements: Specific insurance obligations and coverage requirements

4. Data Protection: GDPR compliance provisions and data processing terms

Suggested Schedules

1. Schedule 1 - Services Description: Detailed scope of services and deliverables

2. Schedule 2 - Fee Schedule: Detailed payment terms, rates and expenses

3. Schedule 3 - Service Levels: Performance metrics and quality standards

4. Appendix A - Required Insurance: Specific insurance requirements and minimum coverage levels

5. Appendix B - Policies and Procedures: Relevant client policies and procedures that the contractor must follow

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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Industries

Employment Rights Act 1996: Primary legislation governing employment rights in England and Wales, setting out fundamental employment protections and obligations

Equality Act 2010: Legislation protecting against discrimination and promoting equality in the workplace, covering protected characteristics

National Minimum Wage Act 1998: Sets out minimum payment requirements, though particularly relevant for determining whether contractor rates suggest employment status

Working Time Regulations 1998: Governs working hours, rest periods and annual leave entitlements - important for distinguishing contractor status

Health and Safety at Work Act 1974: Establishes basic health and safety requirements applicable to all working relationships

IR35 Legislation: Off-payroll working rules determining tax status of contractors and preventing disguised employment

Intermediaries Legislation: Rules governing relationships involving intermediary companies or agencies in contractor arrangements

Agency Workers Regulations 2010: Regulations protecting agency workers' rights, relevant if contractor works through an agency

UK GDPR: Data protection regulations governing how personal data must be handled and processed

Data Protection Act 2018: UK's implementation of data protection requirements, working alongside UK GDPR

Income Tax Act 2007: Primary legislation governing income tax obligations for independent contractors

National Insurance Contributions Act 2014: Legislation governing NI contributions for self-employed individuals

Unfair Contract Terms Act 1977: Regulates unfair terms in contracts, ensuring balanced contractual relationships

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract they're not directly party to

Modern Slavery Act 2015: Ensures compliance with anti-slavery and human trafficking requirements

Competition Act 1998: Relevant for structuring non-compete clauses and restrictions on contractor's other business activities

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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