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Workers Comp Liability Waiver Template for England and Wales

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Key Requirements PROMPT example:

Workers Comp Liability Waiver

"Need a Workers Comp Liability Waiver for our construction company operating in Wales, specifically addressing voluntary overtime compensation benefits while ensuring compliance with UK statutory requirements, to be implemented by March 2025."

Document background
The Workers Comp Liability Waiver is utilized when employers and employees need to modify voluntary compensation arrangements beyond statutory minimums in England and Wales. This document becomes relevant in situations where additional benefits are being offered or modified, while ensuring compliance with mandatory UK employment law protections. The waiver must carefully navigate the requirements of multiple pieces of legislation, including the Health and Safety at Work Act 1974 and the Employers' Liability (Compulsory Insurance) Act 1969, while maintaining worker protections. It's essential to note that this document cannot and does not attempt to waive statutory rights or mandatory protections.
Suggested Sections

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

2. Background: Explains context and purpose of the waiver

3. Definitions: Defines key terms used in the document

4. Statutory Rights Acknowledgment: Explicitly states preservation of statutory rights and references to key legislation including Health and Safety at Work Act 1974 and Employment Rights Act 1996

5. Scope of Waiver: Clearly defines what additional benefits are being waived beyond statutory minimums

6. Consideration: States what employee receives in exchange for waiver

7. Execution: Signature blocks and date

Optional Sections

1. Alternative Dispute Resolution: Specifies mediation or arbitration procedures for resolving disputes outside court proceedings

2. Confidentiality: Provisions regarding confidentiality of waiver terms and any settlement amounts

3. Severability: Provisions specifying that if any part of the waiver is found invalid, other parts remain in effect

Suggested Schedules

1. Schedule of Waived Benefits: Detailed list of specific additional benefits being waived beyond statutory minimums

2. Risk Acknowledgment Form: Form documenting employee's understanding of risks and voluntary nature of waiver

3. Insurance Coverage Details: Documentation of employer's liability insurance coverage as required by Employers' Liability (Compulsory Insurance) Act 1969

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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 governing workplace safety that imposes statutory duties which cannot be waived

Employers' Liability (Compulsory Insurance) Act 1969: Requires employers to maintain mandatory insurance coverage for workplace injuries and cannot be contracted out of this obligation

Social Security Contributions and Benefits Act 1992: Governs statutory sick pay and industrial injuries benefits with mandatory provisions that must be maintained

Unfair Contract Terms Act 1977: Restricts the ability to exclude liability for personal injury and makes certain waivers automatically void

Employment Rights Act 1996: Protects fundamental worker rights with many provisions that cannot be waived

Statutory Rights Preservation: Any waiver must explicitly acknowledge that statutory rights are preserved and cannot be contracted out of

Voluntary Benefits Limitation: Waivers can only apply to additional, voluntary benefits beyond statutory minimums

Clear Documentation Requirement: Waiver must be clear, unambiguous, and not unfairly prejudicial to the worker

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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