Employment contract - indemnity clause
Employment contract - indemnity clause
Author
Discussion

Mr E

Original Poster:

23,033 posts

288 months

Wednesday 6th April 2016
quotequote all
A request for a pair of wiser eyes.

I'm reading a contract of employment for a job offer (part time office type role) and it appears pretty standard apart from;

The Employee will indemnify the Employer in respect of any liability incurred by the Employer as a direct consequence of the Employee’s negligence, breach of contract, breach of duty or breach of trust in relation to the affairs of the Employer.

This seems to suggest that if you balls up and cost the company money, they can come after you for the loss.
Is this normal (and if it is I presume enforcement is vanishingly rare?)

worsy

6,594 posts

204 months

Wednesday 6th April 2016
quotequote all
Am not an employee, however to mitigate you would need a Professional Indemnity policy. Is it possible to buy one as an employee?

Mr E

Original Poster:

23,033 posts

288 months

Wednesday 6th April 2016
quotequote all
worsy said:
Am not an employee, however to mitigate you would need a Professional Indemnity policy. Is it possible to buy one as an employee?
For a professional position I'd agree (doubly so if it was a contract to provide a specified service).
For a part time office job that seems overkill.

Discussed with the employer and clause removed.
I believe she'll take the job...

Flooble

5,755 posts

129 months

Saturday 9th April 2016
quotequote all
Would hope BV or J&J might pop up, however, and always bearing in mind I am now lawyer and am regularly wrong but:

http://harrisfowler.co.uk/2013/04/employers-respon...


GT03ROB

14,020 posts

250 months

Saturday 9th April 2016
quotequote all
Flooble said:
Would hope BV or J&J might pop up, however, and always bearing in mind I am now lawyer and am regularly wrong but:

http://harrisfowler.co.uk/2013/04/employers-respon...
No need, the offending clause is gone!

anonymous-user

83 months

Saturday 9th April 2016
quotequote all
In any event, the link refers to the liability of an employer for the actions of an employee. The proposed clause related to the liability of an employee to an employer - a completely different subject.

Flooble

5,755 posts

129 months

Saturday 9th April 2016
quotequote all
Last time I stay up to watch a rocket launch and then post after midnight :-)


anonymous-user

83 months

Saturday 9th April 2016
quotequote all
No, rockets are cool.

Flooble

5,755 posts

129 months

Saturday 9th April 2016
quotequote all
Breadvan72 said:
No, rockets are cool.
And simultaneously hot :-)