Employee Liability Information the information that a transferor is obliged to notify to a transferee under regulation 11(2) of TUPE:
Employee Liability Information the information that a transferor is obliged to notify to a transferee under Regulation 11(2) of TUPE Employment Liabilities: all claims, including but not limited to, claims for redundancy payments, unlawful deduction of wages, unfair, wrongful or constructive dismissal compensation, compensation for discrimination, claims for equal pay, compensation for less favourable treatment of part-time and/or fixed term workers, and any claims (whether in tort, contract, statute or otherwise), demands, actions, proceedings, liability, cost and any award, compensation, damages, tribunal awards, fine, loss, order, penalty, disbursement, payment made by way of settlement and costs and expenses reasonably incurred in connection with any claim, allegation or investigation and of implementing any requirements which may arise from such investigation, and any legal costs and expenses. New Employees: those employees who are
Employee Liability Information. The parties confirm that it is their intention that the provision of Employee Liability Information is regulated by the parties themselves in accordance with the commercial arrangements set out in this Agreement. In particular, but without limitation:
(i) the Purchaser specifically undertakes that it will not make any application pursuant to Regulation 12 of the TUPE Regulations in respect of any failure or alleged failure by the Sellers to provide Employee Liability Information to the Purchaser;
(ii) the Purchaser confirms that it would not be just or equitable for any court or tribunal to make any award pursuant to Regulation 12(3) of the TUPE Regulations given the terms of this Agreement. If, contrary to the intentions of the parties, any award is made pursuant to Regulation 12(3) of the TUPE Regulations, the compensation paid will be offset against any other sums payable under this Agreement to the Purchaser to the extent those other sums arise out of the same act or omission by the Sellers and will only be payable by the Sellers to the Purchaser pursuant to this Agreement to the extent that the Purchaser has complied with any terms or conditions laid down in this Agreement for a claim against the Sellers for breach of the warranties in Section 4.15 as to the Transferred UK Employees; and
(iii) the Purchaser will give full credit for any sums paid by the Sellers pursuant to any award under Regulation 12(3) of the TUPE Regulations in respect of any other claims (whether employment related or otherwise) which (after complying with any terms or conditions set forth in this Agreement) the Purchaser has against the Seller arising out of this Agreement.
Employee Liability Information the employee liability information to be provided pursuant to Regulation 11 of TUPE; the method statement produced by the Contractor and forming part of the Construction Proposals and which sets out in detail how the Contractor shall implement the Employment and Skills Plan; the employment and skills plan produced by the Contractor and forming part of the Construction Proposals to be complied with and implemented by the Contractor in order to execute the Employment and Skills Strategy; the Authority’s Employment and Skills Strategy as set out in section [ ] of the Facilities Output Specification;
Employee Liability Information the information that a transferor is obliged to notify to a transferee under Regulation 11(2) of TUPE; Employment Liabilities: all claims, including claims for redundancy payments, unlawful deduction of wages, unfair, wrongful or constructive dismissal compensation, compensation for sex, race, disability, age, religion or belief, gender reassignment, marriage or civil partnership, pregnancy or maternity, or sexual orientation discrimination, claims for equal pay, compensation for less favourable treatment of part-time workers, and any claims (whether in tort, contract, statute or otherwise), demands, actions, proceedings and any award, compensation, damages, tribunal awards, fine, loss, order, penalty, disbursement, payment made by way of settlement and costs and expenses reasonably incurred in connection with a claim or investigation (including any investigation by the Equality Commission for Northern Ireland or other enforcement, regulatory or supervisory body), and of implementing any requirements which may arise from such investigation, and any legal costs and expenses which shall include any incurred as a result of an indemnity or warranty given, or to be given, by the University to a Replacement Service Provider or sub-contractor; Incumbent Employees: employees of the Incumbent Employer whose contracts of employment transfer with effect from the Effective Date to the Service Provider or Sub- Contractor by virtue of the application of TUPE; Incumbent Employer: Resource (NI) Limited a private limited company incorporated in Northern Ireland with company number NI011703 and registered office address of Edgewater Business Park, 0 Xxxxxxxxx Xxxx, Xxxxxxx, XX0 0XX; Other Employee: an individual (who is not a Relevant Employee) engaged or employed by the Service Provider or Sub-Contractor prior to the Service Transfer Date and/or whose contract of employment is claimed, or is deemed, to have effect after the Service Transfer Pension Protection Regulations: means the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255), the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006 No 246), the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) (SR 2006 No 177), the Transfer of Employment (Pension Protection) Regulations (Northern Ireland) 2005 (SR 2005 No 94) and the Electricity (Protected Persons) Pensions Regulations (Northern Ireland) 1992 (SR 1992 No 93); Relevant Employees: those employees identified...
Employee Liability Information in respect of each of the Employees:
(i) the identity and age of the Employee;
(ii) those particulars of employment that an employer is obliged to give the Employee under section 1 of the Employment Rights Act 1996;
(iii) information about any disciplinary action taken against the Employee and any grievances raised by the Employee, where a Code of Practice issued under Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 relating exclusively or primarily to the resolution of disputes or any other applicable code or statutory procedure applied, within the previous two years;
(iv) information about any court or tribunal case, claim or action either brought by the Employee against the Customer within the previous two years or where the Customer has reasonable grounds to believe that such action may be brought against the Supplier arising out of the Employee's employment with the Customer; and
(v) information about any collective agreement which will have effect after the (Effective Date) in relation to the Employee pursuant to regulation 5(a) of the Employment Regulations.
Employee Liability Information. The Purchaser undertakes that it will not make any application pursuant to Regulation 12 of the Regulations in respect of any failure or alleged failure by Seller to provide the Employee Liability Information (as that term is defined in the Regulations). The Seller confirms that it would not be just or equitable to make any award pursuant to Regulation 12, given the terms of this Agreement. In the event that the Purchaser does make any such application the Purchaser shall indemnify the Seller against any Loss incurred by the Seller arising out of or in connection with that application.
Employee Liability Information the information that a transferor is obliged to notify to a transferee under regulation 11(2) of TUPE: the identity and age of the employee; the employee's written statement of employment particulars (as required under section 1 of the Employment Rights Act 1996); information about any disciplinary action taken against the employee and any grievances raised by the employee, where a Code of Practice issued under Part IV of the Trade Union and Labour Relations (Consolidation) Xxx 0000 relating exclusively or primarily to the resolution of disputes applied, within the previous two years; information about any court or tribunal case, claim or action either brought by the employee against the transferor within the previous two years or where the transferor has reasonable grounds to believe that such action may be brought against the Contractor arising out of the employee's employment with the transferor; information about any collective agreement that will have effect after the Effective Date or the Service Transfer Date, as the case may be, in relation to the employee under regulation 5(a) of TUPE.
Employee Liability Information. 1.1 The Council has provided the Employee Liability Information to the Company.
1.2 The Council warrants so far as is material that the Employee Liability Information was complete and accurate to the best of its knowledge at the time it was provided to the Company and that it will use reasonable endeavours to update it to take account of any changes to such information, as required by the Regulations.
1.3 The Council has provided the information contained in Schedule 3 of this Agreement to the Company’s Solicitors.
1.4 The Council warrants that the list of Transferring Employees in Schedule 3A represents the only employees who will transfer to the Company on the Transfer Date (whether pursuant to the Regulations and/or the Directive or otherwise) and further warrants that the information contained within Schedule 3A is complete and accurate to the best of its knowledge at the time it is provided to the Company.
1.5 In the event that the Council becomes aware of any material change to the information provided or to be provided in accordance with paragraph 1 of this Schedule it shall notify the Company’s Solicitors as soon as reasonably practicable.
Employee Liability Information. 3.1 The Former Employer is under a duty as soon as may reasonably be practicable (whether before or after the date of the Relevant Transfer) to notify to the Successor Employer such employee- liability information as is required under TUPE Regulation 11.
3.2 Long enough before the Relevant Transfer, both the Former Employer and the Successor Employer are under a duty to comply with the requirements to inform employees affected by the Service Provision Change, and any representatives for them, as required under TUPE Regulation 13.
3.3 A list of any employees, affected by the Service Provision Change at the commencement of this Agreement or before the Effective Date, [is annexed to this Agreement][ is to be provided by the [Effective Date and] [upon the termination of this Agreement] ]
