Offer of Employment on Expiry or Termination. If TUPE does not apply on the expiry or earlier termination of this Agreement, the Authority shall procure that each Future Service Provider (including the Authority) shall offer employment to the persons employed by the Contractor or a Sub-Contractor in the provision of the Services immediately before the Return Date.142 If an offer of employment is made in accordance with this paragraph 2.A.18, the employment shall be on the same terms and conditions (except for entitlement to membership of an occupational pension scheme, which shall be dealt with in accordance with paragraph 3 (Pensions)) as applied immediately before the expiry or earlier termination of this Agreement including full continuity of employment, except that the Authority or Future Service Provider may, at its absolute discretion, not offer such terms and conditions if there has been any change to the terms and conditions of the persons concerned in breach of paragraph 2.A.16. Where any such offer as referred to in paragraph 2.A.18.2 is accepted, the Contractor shall indemnify and keep indemnified in full the Authority and/or any Future Service Provider on the same terms and conditions as those set out in paragraph 2.A.13 as if there had been a Relevant Transfer in respect of each and every employee who has accepted any such offer and for the purposes of this paragraph 2.A.18 each and every such employee shall be treated as if they were a Returning Employee. Where any offer as referred to in paragraph 2.A.18.2 is not accepted and TUPE does not apply, the relevant employee shall remain an employee of the Contractor or Sub-Contractor as appropriate.
Appears in 1 contract
Samples: Residual Waste Treatment Contract
Offer of Employment on Expiry or Termination. If TUPE does not apply on the expiry or earlier termination of this AgreementExpiry Date or, if earlier, the Termination Date, the Authority shall procure that each Future Service Provider (including or the Authority) (as appropriate) shall offer employment to the persons employed by the Contractor (or a Sub-Contractor in or Secondary Contractor) and assigned to the provision of the Services immediately before the Return Date.142 If Date and the provisions of this paragraph 2.7 shall apply: if an offer of employment is made in accordance with this paragraph 2.A.182.7, the employment shall be on the same terms and conditions (except for entitlement to membership of an occupational pension scheme, which shall be dealt with in accordance with paragraph 3 (Pensions)) as applied immediately before the expiry or earlier termination of this Agreement Expiry Date or, if earlier, the Termination Date including full continuity of employment, except that the Authority or Future Service Provider may, at its absolute discretion, not offer such terms and conditions if there has been any change to the terms and conditions of the persons concerned in breach of paragraph 2.A.16. Where 2.5; where any such offer as referred to in paragraph 2.A.18.2 2.7 is accepted, the Contractor shall indemnify and keep indemnified in full the Authority and/or any Future Service Provider on the same terms and conditions as those set out in paragraph 2.A.13 2.6 as if there had been a Relevant Transfer in respect of each and every employee who has accepted any such offer and for the purposes of this paragraph 2.A.18 2, each and every such employee shall be treated as if they were a Returning Employee. Where ; and for the avoidance of doubt, where any such offer as referred to in this paragraph 2.A.18.2 2.7 is not accepted and TUPE does not apply, the relevant employee shall remain an employee of the Contractor or Sub-Contractor or Secondary Contractor as appropriate.
Appears in 1 contract
Samples: Residual Waste Treatment Contract
Offer of Employment on Expiry or Termination. 16.8.1 If TUPE does not apply on the expiry or earlier termination of this Agreement, the Authority shall procure ensure that each Future Service Provider (including the Authority) shall offer employment to the persons employed by the Contractor or a Sub-Contractor in the provision of the Services immediately before the Return Date.142 Date.
16.8.2 If an offer of employment is made in accordance with this paragraph 2.A.18Clause 16.8.1, the employment shall be on the same terms and conditions (except for entitlement to membership of an occupational pension scheme, which shall be dealt with in accordance with paragraph 3 (Pensions)Clause 16A) as applied immediately before the expiry or earlier termination of this Agreement including full continuity of employment, except that the Authority or Future Service Provider may, at its absolute discretion, not offer such terms and conditions if there has been any change to the terms and conditions of the persons concerned in breach of paragraph 2.A.16. .
16.8.3 Where any such offer as referred to in paragraph 2.A.18.2 Clause 16.8.1 is accepted, the Contractor shall indemnify and keep indemnified in full the Authority and/or any Future Service Provider on the same terms and conditions as those set out in paragraph 2.A.13 Clause 16.5 of this Agreement as if there had been a Relevant Transfer in respect of each and every employee who has accepted any such offer and for the purposes of this paragraph 2.A.18 Clause 29 (TUPE) each and every such employee shall be treated as if they were a Returning Employee. Where .
16.8.4 For the avoidance of doubt, where any such offer as referred to in paragraph 2.A.18.2 Clause 16.8.1 is not accepted and TUPE does not apply, the relevant employee shall remain an employee of the Contractor or Sub-Contractor as appropriate.
Appears in 1 contract
Samples: Contract Agreement
Offer of Employment on Expiry or Termination. 1.9.1 If TUPE does not apply on the expiry or earlier termination of this Agreement, the Authority shall procure that each Future Service Provider (including the Authority) shall offer employment to the persons employed by the Contractor or a Sub-Contractor in the provision of the Services immediately before the Return Date.142 Date.
1.9.2 If an offer of employment is made in accordance with this paragraph 2.A.18clause 1.9.1, the employment shall be on the same terms and conditions (except for entitlement to membership of an occupational pension scheme, which shall be dealt with in accordance with paragraph 3 clause 2 (Pensions)) as applied immediately before the expiry or earlier termination of this Agreement including full continuity of employment, except that the Authority or Future Service Provider may, may at its absolute discretion, discretion not offer such terms and conditions if there has been any change to the terms and conditions of the persons concerned in breach of paragraph 2.A.16. clause 1.7.
1.9.3 Where any such offer as referred to in paragraph 2.A.18.2 clause 1.9.1 is accepted, the Contractor shall indemnify and keep indemnified in full the Authority and/or any Future Service Provider on the same terms and conditions as those set out in paragraph 2.A.13 clause 1.4 of this Agreement as if there had been a Relevant Transfer in respect of each and every employee who has accepted any such offer and for the purposes of this paragraph 2.A.18 clause 1 each and every such employee shall be treated as if they were a Returning Employee. .
1.9.4 Where any offer as referred to in paragraph 2.A.18.2 clause 1.9.1 is not accepted and TUPE does not apply, the relevant employee shall remain an employee of the Contractor or Sub-Contractor as appropriate.
Appears in 1 contract
Samples: Contract Agreement