Application of TUPE Sample Clauses

Application of TUPE. The Partner Authorities agree that TUPE applies to this Agreement, whether or not it shall be determined by an employment tribunal or a court of any instance or jurisdiction that TUPE does not apply as a matter of law.

Application of TUPE. 16.1.1 The Parties agree that the provisions of TUPE may apply to this Contract. 16.1.2 In the event that TUPE does apply, the Parties agree that, where the identity of a provider (including the Council) of any of the Services is changed pursuant to this Contract (including on expiry of the Contract Term), the change shall constitute a Relevant Transfer. 16.1.3 On the occasion of a Relevant Transfer (other than a Relevant Transfer on expiry of the Contract Term), the Service Provider shall and shall procure that any replacement service provider shall comply with its obligations under TUPE and the Directive in respect of the Transferring Employees and the Transferring Original Employees.

Application of TUPE. 2.1.1. The Council and the Supplier agree subject to the provisions of any relevant legislation that where the identity of a provider (including the Council) of any service which constitutes or which will constitute part of the Services is changed pursuant to this Contract then the change shall constitute a Relevant Transfer. 2.1.2. On the occasion of each Relevant Transfer the Contractor shall comply and shall ensure that each Sub-contractor shall comply with all of its obligations under the Regulations and the Directive in respect of the Relevant Employees. The first Relevant Transfer shall occur on the Commencement Date.

Application of TUPE. 1.1 Wokingham and West Berkshire agree that where the identity of a provider (including Wokingham) of any service which constitutes or which will constitute one of the Services is changed pursuant to this Agreement (including upon termination of this Agreement) then the change shall constitute a Relevant Transfer. 1.2 As a consequence of the transfer referred to in clause 1.1 above and in accordance with the TUPE, the contracts of employment of any Relevant Employee shall (subject to Regulations 4(7) of TUPE) have effect after the date of the Relevant Transfer (or such other date as may be determined by law) as if originally made between the Relevant Employees and the new provider (including West Berkshire) except insofar as such contracts relate to any benefits for old age, invalidity or survivors under any occupational pension scheme (save as required under sections 257 and 258 of the Pensions Act 2004). 1.3 On the occasion of each Relevant Transfer except a Relevant Transfer to a permitted sub-contractor upon termination of this Agreement, West Berkshire shall procure that any new provider of the relevant service shall comply with all of its obligations under TUPE and the Directive in respect of the Relevant Employees.

Application of TUPE. 12.1.1 The Parties agree that the commencement of provision of the Services shall constitute a Relevant Transfer and that on the Transfer Date the contracts of employment of the Transferring Employees shall be transferred to the Service Provider in accordance with The provisions of TUPE to the intent and effect that, with effect from the Transfer Date each of the Transferring Employees shall be treated as if he / she had at all times been employed by the Service Provider upon the same terms and conditions as those which applied to his or her employment by the Council immediately prior to the Transfer Date. The Service Provider shall be deemed to have satisfied itself concerning its liabilities under TUPE and shall be deemed to have obtained for himself all necessary information as to risks, contingencies and all other circumstances influencing or effecting his tender Emoluments and Outgoings 12.1.2 The Service Provider shall be responsible for all emoluments and outgoings in respect of the Transferring Employees, including without limitation all wages, holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions, pension contributions and otherwise.

Application of TUPE. 15.1.1 With effect from the Service Transfer Date the Transferring Employees shall transfer to the Service Provider or its Sub-Contractor pursuant to and in accordance with TUPE and such transfer shall have effect as a Relevant Transfer. 15.1.2 The parties agree that, where the identity of a provider (including the Authority) of any of the Services is changed pursuant to this Agreement (including on expiry of the Contract Period), the change shall constitute a Relevant Transfer. 15.1.3 On the occasion of a Relevant Transfer (other than a Relevant Transfer on expiry or termination of the Contract Period), the Service Provider shall and shall procure that any replacement service provider shall comply with its obligations under TUPE and the EC Business Transfer s Directive in respect of the Transferring Employees.

Application of TUPE. 6.1.1. The parties agree that the Transfer Regulations apply to this Contract, whether or not it shall be determined by an Employment Tribunal or a Court of any instance or jurisdiction that they did not and that, subject to the right of any Transferred Employee to object to being employed by the Contractor, the Contractor undertakes to accept into employment with the Contractor the Transferred Employees on the Commencement Date upon the same terms and conditions and length of service as they enjoyed with the Council. 6.1.2. The Contractor shall comply in all respects with the obligations imposed on a Transferred Employee by the Transfer Regulations in respect of the Transferred Employees whether or not it shall be determined by an Employment Tribunal or a Court of any instance or jurisdiction that any or all of the Transferred Employees were not entitled to protection under the Transfer Regulations.

Application of TUPE. A.1.1. The Parties agree that the provisions of the TUPE Regulations will apply to this Contract. A.1.2. The Parties agree that, where the identity of a Provider of any of the Service is changed pursuant to this Contract (including on expiry of the Contract Period), the change shall constitute a Relevant Transfer. A.1.3. On the occasion of a Relevant Transfer, the Provider shall comply with its obligations under the TUPE Regulations and the Directive in respect of the Transferring Employees.

Application of TUPE. It is hereby acknowledged by the Authority and the Contractor that the transfer of the services similar to the Transmission Service, the Camera Mast Service, the Aerial Site Service or the Consultancy Service under the Transmission Labour Team Contract 1/74 from the Existing Service Providers to the Contractor or to any Sub-contractor (or to any of its or their respective sub-contractors) constitutes a "relevant transfer" for the purposes of TUPE and the Authority and the Contractor agree and intend and (in the case of the Contractor) shall take all reasonable steps to procure that on each occasion on which the Contractor or any Sub-contractor (or any of its or their respective sub-contractors) sub- contracts the Services (or part or parts of the Services) and on each occasion on which any Sub-contractor (or its respective sub-contractors) is replaced by another Sub-contractor or sub-contractor (as the case may be) in respect of the provision of the Services (or part or parts of the Services) there shall be a relevant transfer for the purposes of TUPE.

Application of TUPE. The Authority and the Contractor agree that where the identity of a provider (including the Authority) of any service which constitutes or which will constitute one of the Services is changed pursuant to the Contract (including upon termination of this Agreement) then the change shall constitute a Relevant Transfer.