Common use of Employment Protection Provisions Clause in Contracts

Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a), (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter into a contract or arrangement under which its business (or part of it) is to be undertaken by another person or business, or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your position, the Employer shall, as soon as is reasonably practicable, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in the restructuring {the "Other Party") concerning the impact of the restructuring on every employee. In those negotiations, the Employer will, subject to any statutory, commercial confidence or privacy issues, provide the other Party with all Information about the employees who will be affected by the restructuring, including details of their current terms and conditions of employment. The Employer will encourage the Other Party to offer all affected employees, employment on no less favourable terms and conditions of employment than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. Two options may be offered. They are • The Other Party does offer the employee employment on terms and conditions which are no less favourable than their existing terms and conditions. The employee may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they will be entitled to [two months’ notice and redundancy compensation as per Appendix E (k) in this agreement.

Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a), (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section 69OI 69L of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter into a contract or arrangement under which its business (or part of it) is to be undertaken by another person or business, or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your position, the Employer shall, as soon as is reasonably practicable, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in the restructuring {the "Other Party") concerning the impact of the restructuring on every employee. In those negotiations, the Employer will, subject to any statutory, commercial confidence or privacy issues, provide the other Party with all Information about the employees who will be affected by the restructuring, including details of their current terms and conditions condition s of employment. The Employer will encourage the Other Party to offer all affected employees, employment on no less favourable terms and conditions of employment than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. Two options may be offered. They are • The Other Party does offer the employee staff member employment on terms and conditions which are no less favourable than their existing terms and conditions. The employee staff member may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee staff member accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they will be entitled to [two months’ notice and redundancy compensation as per Appendix E (k) in this agreement.

Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer's ’s business. The provisions outlined in this appendix (Appendix C B (a), (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter into a contract or arrangement under which its business (or part of it) is to be undertaken by another person or business, or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your position, the Employer shall, as soon as is reasonably practicable, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in the restructuring {the "Other Party") concerning the impact of the restructuring on every employeeEmployee. In those negotiations, the Employer will, subject to any statutory, commercial confidence or privacy issues, provide the other Party with all Information about the employees Employees who will be affected by the restructuring, including details of their current terms and conditions of employment. The Employer will encourage the Other Party to offer all affected employeesEmployees, employment on no less favourable terms and conditions of employment than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. Two options may be offered. They are • The Other Party does offer the employee Employee employment on terms and conditions which are no less favourable than their existing terms and conditions. The employee Employee may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee Employee accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they will be entitled to [two months’ notice and redundancy compensation as per Appendix E (k) in this agreement.B

Employment Protection Provisions. Note: This clause shall apply in a) In the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a)a restructuring, (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter 2000, in which Serco enters into a contract or arrangement under which its for the business (or part of it) is to be undertaken by another person or business, a new employer; or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your positionnew employer, the Employer shallfollowing will apply: b) If an employee’s role is directly affected, Serco will as soon as is reasonably practicablepossible, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in new employer about the restructuring {the "Other Party") concerning the likely impact of the restructuring restructure on every the employee. In those negotiationsThe process Serco will follow will include: • Advising the new employer that Serco’s objective will be to arrange for their continued employment by the new employer on the employee’s existing terms and conditions of employment, or terms and conditions no less favourable. • Providing information about the Employer willemployee to the new employer, subject to any statutory, commercial confidence confidence, or privacy issues, provide the other Party with including all Information about the employees who will be affected by the restructuring, including details of their current the employee’s terms and conditions of employment, • Providing the employee with relevant information about the new employer, • Advising the employee of intended timeframes for relevant meetings in the restructuring process, • Advising the employee about the agenda for those meetings, which will include discussion about whether the employee will be offered employment by the new employer, the basis of any such offer (including whether the employee will transfer to the new employer on the same terms and conditions of employment), the timetable for the transition, and the process for consultation with the employee. • Advising the employee who will attend those meetings. • Reporting to the employee on the outcomes of any such meetings to the extent they relate to the employee. c) The Employer process to be followed at the time of the restructuring to determine the employee’s entitlements will encourage involve Serco discussing the Other Party employee’s options with them, including what entitlements may be available to offer all affected employeesthe employee if they do not transfer to the new employer, and any other proposals the employee may want to raise. In the absence of agreement: • If the employee is offered employment in a similar capacity, or in a capacity they are willing to accept, on no less favourable terms and conditions of employment which are the same or generally no less favourable than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what employee’s existing terms and conditions, the employee will ultimately not be entitled to any notice (or payment in lieu) or any redundancy compensation, whether or not the decision of that Other Partyemployee accepts the offer. Two options may be offered. They are • The Other Party If the new employer does not offer the employee employment, or the employee is offered and declines employment on terms and conditions which are no generally less favourable than their the employee’s existing terms and conditions. The employee may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they employee will be entitled to [two months’ given written notice of termination of employment in accordance with clause 14(c)(i) above and redundancy paid compensation as per Appendix E (kin accordance with clause 14(c)(iii) in this agreement.above. Position Classifications, Remuneration, Allowances and Related Matters

Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a), (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter into a contract or arrangement under which its business (or part of it) is to be undertaken by another person or business, or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your position, the Employer shall, as soon as is reasonably practicable, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in the restructuring {the "Other Party") concerning the impact of the restructuring on every employeeEmployee. In those negotiations, the Employer will, subject to any statutory, commercial confidence or privacy issues, provide the other Party with all Information about the employees Employees who will be affected by the restructuring, including details of their current terms and conditions of employment. The Employer will encourage the Other Party to offer all affected employeesEmployees, employment on no less favourable terms and conditions of employment than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. Two options may be offered. They are • The Other Party does offer the employee Employee employment on terms and conditions which are no less favourable than their existing terms and conditions. The employee Employee may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee Employee accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they will be entitled to [two months’ notice and redundancy compensation as per Appendix E (k) in this agreement.

Employment Protection Provisions. Note: This clause shall apply in a) In the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a)a restructuring, (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter 2000, in which Serco enters into a contract or arrangement under which its for the business (or part of it) is to be undertaken by another person or business, a new employer; or where the Employer's business (or part of it) is to be sold or transferred to another person or business. In the event a restructuring will affect your positionnew employer, the Employer shallfollowing will apply: b) If an employee’s role is directly affected, Serco will as soon as is reasonably practicablepossible, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in new employer about the restructuring {the "Other Party") concerning the likely impact of the restructuring restructure on every the employee. In those negotiationsThe process Serco will follow will include: • Advising the new employer that Xxxxx’s objective will be to arrange for their continued employment by the new employer on the employee’s existing terms and conditions of employment, or terms and conditions no less favourable. • Providing information about the Employer willemployee to the new employer, subject to any statutory, commercial confidence confidence, or privacy issues, provide the other Party with including all Information about the employees who will be affected by the restructuring, including details of their current the employee’s terms and conditions of employment, • Providing the employee with relevant information about the new employer, • Advising the employee of intended timeframes for relevant meetings in the restructuring process, • Advising the employee about the agenda for those meetings, which will include discussion about whether the employee will be offered employment by the new employer, the basis of any such offer (including whether the employee will transfer to the new employer on the same terms and conditions of employment), the timetable for the transition, and the process for consultation with the employee. • Advising the employee who will attend those meetings. • Reporting to the employee on the outcomes of any such meetings to the extent they relate to the employee. c) The Employer process to be followed at the time of the restructuring to determine the employee’s entitlements will encourage involve Serco discussing the Other Party employee’s options with them, including what entitlements may be available to offer all affected employeesthe employee if they do not transfer to the new employer, and any other proposals the employee may want to raise. In the absence of agreement: • If the employee is offered employment in a similar capacity, or in a capacity they are willing to accept, on no less favourable terms and conditions of employment which are the same or generally no less favourable than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what employee’s existing terms and conditions, the employee will ultimately not be entitled to any notice (or payment in lieu) or any redundancy compensation, whether or not the decision of that Other Partyemployee accepts the offer. Two options may be offered. They are • The Other Party If the new employer does not offer the employee employment, or the employee is offered and declines employment on terms and conditions which are no generally less favourable than their the employee’s existing terms and conditions. The employee may accept this offer to transfer to the Other Party or the staff member may decline the offer. If the employee accepts or declines the offer then they will not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they employee will be entitled to [two months’ given written notice of termination of employment in accordance with clause 14(c)(i) above and redundancy paid compensation as per Appendix E (kin accordance with clause 14(c)(iii) in this agreement.above. Position Classifications, Remuneration, Allowances and Related Matters

Employment Protection Provisions. Note: This clause shall apply in the event of restructuring of the Employer's business. The provisions outlined in this appendix (Appendix C (a)) These provisions are to provide protection to the employee if the Company sells, (b), (c), and (d)) also take effect in this clause. This clause applies to restructuring (as defined in Section 69OI of the Employment Relations Act 2000 and its amendments) and therefore will apply where the Employer intends to enter into a contract transfers or arrangement under which its contracts out their business (or part of it) is to be undertaken by another person or business, or where the Employer's their business (or part restructuring). If the Company considers doing so these provisions apply. (b) To provide protection of itthe employees’ employment during restructuring the following process will be followed by the Company: (i) The employee will be notified that restructuring is to be sold or transferred to another person or business. In the event a restructuring will affect your position, the Employer shall, possibility as soon as is reasonably practicable, (taking into account the commercial and confidentiality requirements of the business), commence negotiations with the other party involved in the restructuring {the "Other Party") concerning the impact of the restructuring on every employee. In those negotiations, the Employer will, subject to any statutory, commercial confidence or privacy issues, provide requirements to protect commercially sensitive information. (ii) The Company will negotiate with the other Party with all Information proposed new Company about the employees who will be affected by possibility of transferring the restructuring, including details of their current terms and conditions of employment. The Employer will encourage the Other Party employee's employment to offer all affected employees, employment on no less favourable terms and conditions of employment than they currently enjoy with the University. However, whether the Other Party offers the staff member ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. Two options may be offered. They are • The Other Party does offer the employee employment them on terms and conditions which are no less favourable than their existing terms the same or substantially similar and conditionswith continuity of service. The Company will endeavour to get the new Company to agree to the employee may accept this offer to transfer on this basis. (c) The employee will be informed as soon as practicable of: (i) Any offer the new Company intends to make to the Other Party employee (ii) The likely dates of transfer (iii) The anticipated impact on the employee’s employment (d) If the new Company offers the employee employment the employee will be given the opportunity to decide whether or not to transfer on the staff member may decline terms that the offer. new owner and the Company negotiate. (e) In the event that there is a restructuring and the employee decides not to transfer, or is not offered employment by the new Company, the following process will take place: (i) The Company will advise the employee of what entitlements are available under the employment agreement with the Company. (ii) The Company will consult with the employee to explore any alternatives to redundancy. (f) If the employee accepts decides not to transfer employment to the new Company where the employee’s employment will be on terms and conditions that are the same or declines not substantially less favorable and with continuity of service, the offer then they will employee will, in any event, not be entitled to any redundancy compensation from the University. • If the staff member is not offered employment, by the other Party, then the Employer will consult with the staff member regarding whether there are any substantially similar alternative positions available. If none can be identified or offered to the staff member then they will be entitled to [two months’ notice and redundancy compensation as per Appendix E (k) provided for in this agreementAgreement. (g) This clause will not apply if the Employee’s work falls within a category of work referred o in Schedule 1A Employment Relations Act 2000/