What are indemnities?
Indemnities make you harm free from legal liability.
What can you achieve with indemnity clauses?
You can ask your employee to indemnify you if they choose to breach an essential term of the contract like the restraint of trade. There are other uses for indemnities, for example if you hand over a company car you may seek to get an indemnity from insurance issues or being vicariously liable for damage.
What are your options?
If you are thinking of inserting an indemnity into your contracts or asking an employee to sign an indemnity then we recommend that you seek proper legal advice due to its complexity and the potential severity of the outcomes.
How do our employment lawyers help you?
We can draft an indemnity clause and/or a agreement that will protect your interests, while still being reasonable and easy to understand for an employee.
Frequently Asked Questions
Do I need an indemnity?
This depends on what you are doing and what the cost to your business will be if you do not get one.
Can my employees say no to signing one?
Your employees have a lawful right to refuse to change their working conditions. It may also be a breach of their general protections if you adversely treat them for exercising that right.
I don’t know if I need an indemnity, how can I figure this out?
Not all businesses need indemnities, we suggest you consider what your business needs and have a chat to us about whether an indemnity is required.