Common use of EMPLOYEES OF THE ARP Clause in Contracts

EMPLOYEES OF THE ARP. 7.1 The Five Councils shall ensure that sufficient and appropriate employees shall be made available to undertake and manage the activities necessary or expedient for the proper and adequate provision of the JC Services as approved in the annual staffing establishment by the 2105 Joint Committee on behalf of the Five Councils. A draft staffing establishment for each Financial Year subsequent to the establishment of the ARP shall be prepared by the ARP Management Team in collaboration with the Heads of Human Resources (or equivalent) of the Five Councils respectively and submitted to the Treasurer for consideration. The draft establishment budget shall be based upon the establishment for the previous Financial Year updated for any anticipated changes considered necessary. 7.2 Any employee allocated by any of the Five Councils, as the case may be, to carry out any activities necessary or expedient for the provision of the JC Services shall be required to report to the 2015 Joint Committee unless his or her terms of employment require otherwise and subject to the obligations of the council as his or her employer. 7.3 Each of the Five Councils warrant and represent that: 7.3.1 it shall (subject to Clause 7.5 and without prejudice to the indemnities in Clause 7.3.5) continue to pay all Employment Costs for each of its employees allocated to carry out work in respect of the 2015 Joint Committee and the provision of the JC Services (to be covered by the payment detailed in Clauses 6.10 and 6.11); 7.3.2 the allocation of such of its employees to carry out work in respect of the 2015 Joint Committee and the provision of the JC Services does not breach the terms of their contracts of employment; 7.3.3 it shall use reasonable endeavours to ensure that its employees so allocated shall perform their duties with the skill care and diligence to be expected of a competent employee engaged in the performance of those duties having regard to the grade and experience of such employees; 7.3.4 it shall use reasonable endeavours to ensure that nothing is done by it or by its employees or agents which results in a breach of the contract of employment of any member of the ARP employees or of any employee of another council so allocated; 7.3.5 it shall indemnify the others of the Five Councils against all claims by or in respect of its employees allocated to the 2015 Joint Committee or the ARP in respect of the delivery of Support Services in the provision of the JC Services caused by the fault negligence or omission of that Council or its employees or agents in respect of the provision of the JC Services and take disciplinary action against such employees, if the employing Council deems appropriate; and 7.3.6 (in respect of issues arising under 7.3.5) it shall be responsible for all claims by or in respect of its employees allocated to the 2015 Joint Committee or the ARP in respect of the provision of the JC Services caused by the fault negligence or omission of that Council or its employees or agents towards those employees. 7.4 The Five Councils agree to indemnify each other against all costs in relation to pensions and pensions’ contributions in respect of any employees transferred/working within ARP in accordance with the percentages in Paragraph 5.1 as may be amended by Paragraph 5.2 of the Accountancy Protocol (Schedule 3). 7.5 Each of the Five Councils shall where relevant cooperate and give assistance to and act in good faith towards each other in order to enable each of the others of these Councils to comply with their legal obligations in respect of their own employees. 7.6 In the event that an employee of the 2015 Joint Committee is to be offered early retirement, redundancy or termination with associated payments, then such an offer to a specific employee will be reported to the next available Operational Improvement Board meeting. 7.7 In the event that: - 7.7.1 the 2015 Joint Committee is dissolved pursuant to Clause 10.2 because of a decision by any or all of the Five Councils to withdraw from the 2015 Joint Committee; or 7.7.2 such Council no longer requires any part or element of the JC Services to be performed on its behalf by the ARP; and 7.7.3 TUPE does not apply to transfer the contracts of employment of all or any of the relevant employees of the others of the Five Councils carrying out work in connection with the performance of the JC Services on behalf of that Council or to any new contractor engaged by that Council then that Council shall indemnify the others of the Five Councils against all contractual and statutory redundancy payments and notice payments made to employees dismissed by those others of the Five Councils for the reasons of redundancy arising from such withdrawal of that Council from the 2015 Joint Committee or the cessation of the performance of all or any of the JC Services by ARP on its behalf. 7.8 The Employment Costs incurred by any of the Five Councils in respect of any of its employees allocated to the 2015 Joint Committee or the ARP, other than the costs covered by the indemnities in Clauses 7.3.5, 7.5, and 7.6, shall be a charge against the accounts of the 2015 Joint Committee. 7.9 In the event that all Five Councils wish to consider dissolution and transfer to an Alternative Business Structure, all Five Councils agree: 7.9.1 that all Five Councils shall jointly instruct a pensions expert to undertake an actuarial and valuations assessment of the 2015 Joint Committee employee pensions contributions and liability, being both current and inherited liability (“Pensions Valuation Report”) as at an agreed date, prior to dissolution; and 7.9.2 that full disclosure of the information submitted by or on behalf of the Five Councils in respect of Clause 7.9.1 shall be available to all Five Councils, together with any drafts and final copies of the most recent Pensions Valuation Report; and 7.9.3 that upon receipt of the most recent Pensions Valuation Report, each Council shall be liable for a proportion that directly relates to the caseload undertaken at the time of the dissolution, as calculated under Paragraph 5.1 or as may be amended by Paragraph 5.2 of the Accountancy Protocol and to the extent that it is necessary to indemnify the others of the Five Councils of any outstanding liability; and 7.9.4 that all Five Councils must then consider whether to transfer the 2015 Joint Committee employee pensions and liability detailed in the most recent Pensions Valuation Report to the Alternative Business Structure.