Handover on Termination. 38.1.1 During the 12 months preceding the expiry of this Supplier Agreement or of an Agreement awarded under it or after the Council has given notice to terminate this Supplier Agreement or such Agreement or at any other time as directed by the Council, and within 15 working days of being so requested by the Council, the Service Provider shall fully and accurately disclose to the Council any and all information in relation to all Staff who are Relevant Employees as the Council may request, in particular but not necessarily restricted to any of the following: (a) a list of employees employed by the Service Provider. (b) a list of agency workers, agents and independent contractors engaged by the Service Provider. (c) the total payroll xxxx (i.e., total taxable pay and allowances including employer’s contributions to pension schemes) of those Staff. (d) the terms and conditions of employment of the Relevant Employees, their age, salary, date continuous employment commenced and (if different) the commencement date, enhancement rates, any other factors affecting their redundancy entitlement and any outstanding claims arising from employment. 38.1.2 The Service Provider shall warrant the accuracy of all the information provided to the Council pursuant to Clause 38.1.1 and authorises the Council to use any and all the information as it may consider necessary for the purposes of its business or for informing any tenderer for any services which are substantially the same as the Services (or any part thereof). 38.1.3 During the 12 months preceding the expiry of this Supplier Agreement or of any Agreement awarded under it where notice to terminate this Supplier Agreement or such Agreement for whatever reason has been given, the Service Provider shall allow the Council, or such other persons as may be authorised by the Council to communicate with and meet the Relevant Employees and their trade union or employee representatives as the Council may reasonably request. 38.1.4 During the 12 months preceding the expiry of this Supplier Agreement or of an Agreement awarded under it or where notice to terminate this Supplier Agreement or such Agreement for whatever reason has been given, the Service Provider shall not without the prior written consent of the Council unless bona fide in the ordinary course of business: (a) vary or purport or promise to vary the terms and conditions of employment of any employee employed in connection with the Services. (b) materially increase or decrease the number of employees employed in connection with the Services; or (c) assign or redeploy any employee employed in connection with the Services to other duties unconnected with the Services.
Appears in 4 contracts
Samples: Supplier Agreement, Supplier Agreement, Supplier Agreement
Handover on Termination. 38.1.1 During the 12 months preceding the expiry of this Supplier Agreement or of an a Service Agreement awarded under it or after the Council relevant Customer has given notice to terminate this Supplier Agreement or such Service Agreement or at any other time as directed by the CouncilCustomer, and within 15 working days of being so requested by the CouncilCustomer, the Service Provider shall fully and accurately disclose to the Council Customer any and all information in relation to all Staff who are Relevant Employees as the Council Customer may request, in particular but not necessarily restricted to any of the following:
(a) a list of employees employed by the Service Provider.;
(b) a list of agency workers, agents and independent contractors engaged by the Service Provider.;
(c) the total payroll xxxx (i.e., i.e. total taxable pay and allowances including employer’s contributions to pension schemes) of those Staff.;
(d) the terms and conditions of employment of the Relevant Employees, their age, salary, date continuous employment commenced and (if different) the commencement date, enhancement rates, any other factors affecting their redundancy entitlement and any outstanding claims arising from employment.
38.1.2 The Service Provider shall warrant the accuracy of all the information provided to the Council each Customer pursuant to Clause 38.1.1 and authorises the Council Customer to use any and all the information as it may consider necessary for the purposes of its business or for informing any tenderer for any services which are substantially the same as the Services (or any part thereof).
38.1.3 During the 12 months preceding the expiry of this Supplier Agreement or of any Service Agreement awarded under it where notice to terminate this Supplier Agreement or such Service Agreement for whatever reason has been given, the Service Provider shall allow the Council, relevant Customer or such other persons as may be authorised by the Council Customer to communicate with and meet the Relevant Employees and their trade union or employee representatives as the Council Customer may reasonably request.
38.1.4 During the 12 months preceding the expiry of this Supplier Agreement or of an a Service Agreement awarded under it or where notice to terminate this Supplier Agreement or such Service Agreement for whatever reason has been given, the Service Provider shall not without the prior written consent of the Council relevant Customer unless bona fide in the ordinary course of business:
(a) vary or purport or promise to vary the terms and conditions of employment of any employee employed in connection with the Services.;
(b) materially increase or decrease the number of employees employed in connection with the Services; or
(c) assign or redeploy any employee employed in connection with the Services to other duties unconnected with the Services.
Appears in 2 contracts
Samples: Supplier Agreement, Supplier Agreement
Handover on Termination. 38.1.1 37.2.1 During the 12 months preceding the expiry of this Supplier Agreement or of an Agreement awarded under it Contract or after the Council has given notice to terminate this Supplier Agreement or such Agreement Contract or at any other time as directed by the Council, and within 15 working days of being so requested by the Council, the Service Provider shall fully and accurately disclose to the Council any and all information in relation to all Staff personnel engaged in providing the Services including all Transferring Employees who are to transfer as a consequence of a Relevant Employees Transfer as the Council may reasonably request, in particular but not necessarily restricted to any of the following:
(a) 37.2.1.1 a list of employees employed by the Service Provider.;
(b) 37.2.1.2 a list of agency workers, agents and independent contractors engaged by the Service Provider.Provider ;
(c) 37.2.1.3 the total payroll xxxx bill (i.e., i.e. total taxable pay and allowances including employer’s contributions to pension schemes) of those Staff.personnel;
(d) 37.2.1.4 the terms and conditions of employment of the Relevant Transferring Employees, their age, salary, date continuous employment commenced and (if different) the commencement date, enhancement rates, any other factors affecting their redundancy entitlement and any outstanding claims arising from employment.
38.1.2 37.2.2 The Service Provider shall warrant the accuracy of all the information provided to the Council pursuant to Clause 38.1.1 and authorises the Council to use any and all the information as it may consider reasonably necessary for the purposes of its business or for informing any tenderer for any services which are substantially the same as the Services (or any part thereof).
38.1.3 37.2.3 During the 12 months preceding the expiry of this Supplier Agreement Contract or of any Agreement awarded under it where notice to terminate this Supplier Agreement or such Agreement Contract for whatever reason has been given, the Service Provider shall allow the Council, Council or such other persons as may be authorised by the Council to communicate with and meet the Relevant Transferring Employees and their trade union or employee representatives as the Council may reasonably request.
38.1.4 37.2.4 During the 12 months preceding the expiry of this Supplier Agreement or of an Agreement awarded under it Contract or where notice to terminate this Supplier Agreement or such Agreement Contract for whatever reason has been given, the Service Provider shall not without the prior written consent of the Council unless bona fide in the ordinary course of business:
(a) 37.2.4.1 vary or purport or promise to vary the terms and conditions of employment of any employee employed in connection with the Services.;
(b) materially 37.2.4.2 increase or decrease the number of employees employed in connection with the ServicesServices other than as discussed and agreed with the Council; or
(c) 37.2.4.3 assign or redeploy any employee employed in connection with the Services to other duties unconnected with the ServicesService.
Appears in 1 contract
Samples: Service Agreement
Handover on Termination. 38.1.1 During 7.1 On the 12 expiry or earlier termination of this Agreement, Wokingham and West Berkshire agree that it is their intention that TUPE shall apply in respect of the provision thereafter of any service equivalent to the Service but the parties acknowledge that in the absence of a determination by law at the date of expiry or termination as the case may be, the parties should have regard to those employees wholly or mainly engaged in the provision of the Services as the case may be immediately before the expiry or termination of this Agreement and the future provider of such services.
7.2 It is the intention of the parties that not less than 50% of the Environmental Health and Licensing Services professionals in the permanent employment of West Berkshire shall transfer to Wokingham on the expiry or earlier termination of this Agreement. The final number of this group of staff transferring to Wokingham shall be determined by West Berkshire whose decision shall be final. This group of staff shall, so far as is practicable, include a range of levels of staff and a range of environmental health and licensing expertise. The personal preferences of staff shall be considered in identifying this group, as well as their previous service with either Wokingham or West Berkshire prior to the commencement of this Agreement.
7.3 Subject to Clause 18 (Data Protection) and Clause 19 (Confidentiality) during the twelve [12] months preceding the expiry of this Supplier Agreement or of an Agreement awarded under it or after the Council Wokingham has given notice to terminate this Supplier Agreement or such Agreement or at any other time as directed by the CouncilWokingham, and within 15 fifteen [15] working days of being so requested by the CouncilWokingham, the Service Provider West Berkshire shall fully and accurately disclose to the Council Wokingham any and all information in relation to all Staff personnel engaged in providing the Services including all Relevant Employees who are to transfer as a consequence of a Relevant Employees Transfer as the Council Wokingham may request, in particular but not necessarily restricted to any of the following:
(ai) a list of employees employed by the Service Provider.West Berkshire;
(bii) a list of agency workers, agents and independent contractors Contractors engaged by the Service Provider.West Berkshire ;
(ciii) the total payroll xxxx (i.e., i.e. total taxable pay and allowances including employer’s contributions to pension schemes) of those Staff.personnel;
(div) the terms and conditions of employment of the Relevant Employees, their age, salary, date continuous employment commenced and (if different) the commencement date, enhancement rates, any other factors affecting their redundancy entitlement and any outstanding claims arising from employment.
38.1.2 The Service Provider shall warrant the accuracy of all the information provided to the Council pursuant to Clause 38.1.1 and authorises the Council to use any and all the information as it may consider necessary for the purposes of its business or for informing any tenderer for any services which are substantially the same as the Services (or any part thereof).
38.1.3 During the 12 months preceding the expiry of this Supplier Agreement or of any Agreement awarded under it where notice to terminate this Supplier Agreement or such Agreement for whatever reason has been given, the Service Provider shall allow the Council, or such other persons as may be authorised by the Council to communicate with and meet the Relevant Employees and their trade union or employee representatives as the Council may reasonably request.
38.1.4 During the 12 months preceding the expiry of this Supplier Agreement or of an Agreement awarded under it or where notice to terminate this Supplier Agreement or such Agreement for whatever reason has been given, the Service Provider shall not without the prior written consent of the Council unless bona fide in the ordinary course of business:
(a) vary or purport or promise to vary the terms and conditions of employment of any employee employed in connection with the Services.
(b) materially increase or decrease the number of employees employed in connection with the Services; or
(c) assign or redeploy any employee employed in connection with the Services to other duties unconnected with the Services.
Appears in 1 contract