Common use of Offer of Employment Clause in Contracts

Offer of Employment. If the Transfer Regulations do not apply to any person who is a Transferring Authority Employee, Project Co shall offer to, or shall procure the offer by the relevant Service Provider to, each and every such employee, a new contract of employment commencing on the Relevant Service Transfer Date under which their terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made: if it is believed that the Transfer Regulations will not apply to a person, not less than ten (10) Business Days before the Relevant Service Transfer Date; or if it is believed that the Transfer Regulations apply to a person but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project Co. Where any such offer as referred to in Clause 25.6 is accepted, the Authority shall indemnify and keep indemnified in full Project Co on the same terms and conditions as those set out in Clauses 25.20, 25.21, 25.22 and 25.25 of this Agreement as if there had been an Employee Transfer in respect of each and every Transferring Authority Employee who has accepted any such offer and the provisions of Clause 25.12 shall apply in the event of any increase or decrease in the [Remuneration Costs and Reorganisation Costs]. Where any such offer as referred to in Clause 25.6 is accepted, Project Co shall act and shall procure that each relevant Service Provider shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Authority Employee who has accepted any such offer and shall comply with Clause 26 (Pension Matters) of this Agreement in respect of each and every such employee who was immediately before the Relevant Service Transfer Date a Pensionable Authority Employee.

Appears in 1 contract

Samples: Project Agreement

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Offer of Employment. If the Transfer Regulations do not apply to any person who is a Transferring Authority Participant Employee, Project Co hubco shall offer to, to or shall procure the offer by the relevant Service Provider to, Partnering Subcontractor to each and every such employee, employee of a new contract of employment commencing on the Relevant Service relevant Transfer Date under which their the terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service relevant Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This ) and the offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made: if it is believed that the Transfer Regulations will not apply to a personTransferring Participant Employee, not less than ten (10) Business Days before the Relevant Service relevant Transfer Date; or if it is believed that the Transfer Regulations apply to a person Transferring Participant Employee but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project Co. hubco. Where any such offer as referred to in Clause 25.6 paragraph 1.6 is accepted, the Authority each Participant shall indemnify and keep indemnified in full Project Co hubco on the same terms and conditions as those set out in Clauses 25.20, 25.21, 25.22 and 25.25 of this Agreement paragraphs 1.14 to 1.17 inclusive as if there had been an Employee a Relevant Transfer in respect of each and every Transferring Authority Participant Employee relative to that Participant who has accepted any such offer and the provisions of Clause 25.12 shall apply in the event of any increase or decrease in the [Remuneration Costs and Reorganisation Costs]offer. Where any such offer as referred to in Clause 25.6 paragraph 1.6 is accepted, Project Co hubco shall act and shall procure that each relevant Service Provider Partnering Subcontractor shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Authority Participant Employee who has accepted any such offer and shall comply with Clause 26 (Pension Matters) of this Agreement paragraph 2 in respect of each and every such employee who was immediately before the Relevant Service relevant Transfer Date Date, a Pensionable Authority NHS Participant Employee or a LGPS Participant Employee, as the case may be.

Appears in 1 contract

Samples: Territory Partnering Agreement

Offer of Employment. If the Transfer Regulations do not apply to any person who is a Transferring Authority Employee, Project Co Sub-hubco shall offer to, or shall procure the offer by the relevant Service Provider to, to each and every such employee, a new contract of employment commencing on the Relevant Service Transfer Date under which their terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made: if it is believed that the Transfer Regulations will not apply to a person, not less than ten (10) Business Days before the Relevant Service Transfer Date; , or if it is believed that the Transfer Regulations apply to a person but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project Co. Sub-hubco. Where any such offer as referred to in Clause 25.6 is accepted, the Authority shall indemnify and keep indemnified in full Project Co Sub-hubco on the same terms and conditions as those set out in Clauses 25.20, 25.21, 25.22 and 25.25 of this Agreement as if there had been an Employee Transfer in respect of each and every Transferring Authority Employee who has accepted any such offer and the provisions of Clause 25.12 shall apply in the event of any increase or decrease in the [Remuneration Costs and Reorganisation Costs]. Where any such offer as referred to in Clause 25.6 is accepted, Project Co Sub-hubco shall act and shall procure that each relevant Service Provider shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Authority Employee who has accepted any such offer and shall comply with Clause 26 (Pension Matters) of this Agreement in respect of each and every such employee who was immediately before the Relevant Service Transfer Date a Pensionable Authority Employee.

Appears in 1 contract

Samples: Project Agreement

Offer of Employment. If the Transfer Regulations do not apply to any person who is a Transferring Authority Employee, Project Co shall offer to, or shall procure the offer by the relevant Service Provider to, to each and every such employee, a new contract of employment commencing on the Relevant Service Transfer Date under which their terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made: if it is believed that the Transfer Regulations will not apply to a person, not less than ten (10) Business Days before the Relevant Service Transfer Date; , or if it is believed that the Transfer Regulations apply to a person but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project Co. Where any such offer as referred to in Clause 25.6 is accepted, the Authority shall indemnify and keep indemnified in full Project Co on the same terms and conditions as those set out in Clauses 25.20, 25.21, 25.22 and 25.25 of this Agreement as if there had been an Employee Transfer in respect of each and every Transferring Authority Employee who has accepted any such offer and the provisions of Clause 25.12 shall apply in the event of any increase or decrease in the [Remuneration Costs and Reorganisation Costs]. Where any such offer as referred to in Clause 25.6 is accepted, Project Co shall act and shall procure that each relevant Service Provider shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Authority Employee who has accepted any such offer and shall comply with Clause 26 (Pension Matters) of this Agreement in respect of each and every such employee who was immediately before the Relevant Service Transfer Date a Pensionable Authority Employee.

Appears in 1 contract

Samples: Project Agreement

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Offer of Employment. If the Transfer Regulations do not apply to any person who is a Transferring an Authority EmployeeEmployee (save for those who object to the transfer of their employment pursuant to Regulation 4(7) of the Transfer Regulations or otherwise resign or treat their employment as terminated), Project DBFM Co shall offer to, or shall procure the offer by the relevant Service Provider to, to each and every such employee, a new contract of employment commencing on the Relevant Service Transfer Date under which their terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made: if it is believed that the Transfer Regulations will not apply to a person, not less than ten (10) Business Days before the Relevant Service Transfer Date; , or if it is believed that the Transfer Regulations apply to a person but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project DBFM Co. Where any such offer as referred to in Clause 25.6 is accepted, the Authority shall indemnify and keep indemnified in full Project DBFM Co on the same terms and conditions as those set out in Clauses 25.20, 25.21, 25.22 and 25.25 of this Agreement as if there had been an Employee Transfer in respect of each and every Transferring Authority Employee who has accepted any such offer and the provisions of Clause 25.12 shall apply in the event of any increase or decrease in the [Remuneration Costs and Reorganisation Costs]. Where any such offer as referred to in Clause 25.6 is accepted, Project DBFM Co shall act and shall procure that each relevant Service Provider shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Authority Employee who has accepted any such offer and shall comply with Clause 26 (Pension Matters) of this Agreement in respect of each and every such employee who was immediately before the Relevant Service Transfer Date a Pensionable Authority Employee.

Appears in 1 contract

Samples: Project Agreement

Offer of Employment. If the Transfer Regulations do TUPE does not apply to any person who is a Transferring an Authority Existing Employee, Project Co the Contractor shall offer to, to or shall procure the offer by the relevant Service Provider to, Sub-Contractor or Secondary Contractor to each and every such employee, employee a new contract of employment commencing on the Relevant Service Transfer Date under which their the terms and conditions including full continuity of employment shall not differ from those enjoyed by them immediately prior to the Relevant Service Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme). This ) and the offer of employment shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made: if it is believed that the Transfer Regulations will not apply to a person, not less than ten (10) Business Days before the Relevant Service Transfer Date, if it is believed that TUPE shall not apply to a person; or if it is believed that the Transfer Regulations apply TUPE applies to a person but it is subsequently decided that the Transfer Regulations do XXXX does not so apply, apply as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to Project Co. the Contractor. Where any such offer as referred to in Clause 25.6 paragraph 2.A.3.1 is accepted, the Authority shall indemnify indemnify, and keep indemnified in full Project Co full, the Contractor on the same terms and conditions as those set out in Clauses 25.20, 25.21, 25.22 and 25.25 of this Agreement paragraph 2.A.11 as if there had been an Employee a Relevant Transfer in respect of each and every Transferring Authority Existing Employee who has accepted any such offer and the provisions of Clause 25.12 paragraphs 2.A.5 to 2.A.8 (inclusive) shall apply in the event of any resulting increase or decrease in the [Remuneration Costs and Reorganisation Costs]. Where any such offer as referred to in Clause 25.6 paragraph 2.A.3.1 is accepted, Project Co the Contractor shall act act, and shall procure that each relevant Service Provider Sub-Contractor and Secondary Contractor shall act in all respects as if the Transfer Regulations TUPE had applied to each and every Transferring Authority Existing Employee who has accepted any such offer and shall comply with Clause 26 paragraph 3 (Pension MattersPensions) of this Agreement Contract in respect of each and every such employee who was immediately before the Relevant Service Transfer Date a Pensionable Date, an Authority Existing Employee. Where any such offer as referred to in paragraph 2.A.3.1 is not accepted and TUPE does not apply, the Authority Existing Employee shall remain an employee of the Authority.

Appears in 1 contract

Samples: Residual Waste Treatment Contract

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