Common use of SERVICE TRANSFER OBLIGATIONS Clause in Contracts

SERVICE TRANSFER OBLIGATIONS. The Supplier agrees that within twenty (20) Working Days of the earliest of: receipt of a notification from the Authority of a Service Transfer or intended Service Transfer; receipt of the giving of notice of early termination of this Framework Agreement or any part thereof; the date which is twelve (12) months before the end of the Term; or receipt of a written request of the Authority at any time (provided that the Authority shall only be entitled to make one such request in any six (6) month period), it will provide the Supplier's Provisional Staff List and the Staffing Information to the Authority and/or, at the direction of the Authority, to a Nominated Supplier and it will provide an updated Supplier's Provisional Staff List at such intervals as are reasonably requested by the Authority. At least twenty eight (28) Working Days prior to the Service Transfer Date the Supplier shall prepare and provide to the Authority and/or, at the direction of the Authority the Nominated Supplier, the Supplier's Final Staff List and Staffing Information, which the Supplier hereby warrants shall be complete and accurate in all material respects. The Supplier's Final Staff List shall identify which of the Supplier Staff named are Transferring Employees. The provision of personal data regarding those individuals detailed on the Supplier's Final Staff List is subject to the consent of such individuals (which the Supplier shall use its reasonable endeavours to obtain) and being mindful that the Supplier's Final Staff List can change up to the date of transfer or in the absence of such individual's approval, the Supplier's Final Staff List being suitably anonymised so as to comply with Data Protection Legislation. Subject to compliance with the Data Protection Legislation the Authority shall be permitted to use and disclose the Supplier's Provisional Staff List, the Supplier's Final Staff List and the Staffing Information for informing any Award Questionnaire Response or other prospective Nominated Supplier for any services which are substantially the same type of services (or any part thereof) as the Services, provided that the Authority imposes on such third party obligations of confidence that are no less onerous than the Authority has to the Supplier in relation to that information. Upon reasonable request by the Authority and subject to compliance with the Data Protection Legislation, the Supplier shall provide the Authority or at the request of the Authority, the Nominated Supplier, with access (on reasonable notice and during normal working hours) to such employment records as the Authority reasonably requests and will allow the Authority or the Nominated Supplier to have copies of any such documents. The Supplier warrants that the Supplier's Provisional Staff List, the Supplier's Final Staff List and the Staffing Information will be true and accurate in all material respects. From receipt of a notification from the Authority of a Service Transfer or intended Service Transfer, or receipt of the giving of notice of early termination of this Framework Agreement (whichever is the earliest) the Supplier agrees that it will not, other than in the ordinary course of business, assign any person to the provision of the Services (or the relevant part) which is the subject of a Service Transfer who is not listed in the Supplier's Provisional Staff List and will not, other than in the ordinary course of business or with the prior written consent of the Authority (with the Authority having the sole and absolute right to grant or deny such request): increase the total number of employees listed on the Supplier's Provisional Staff List save for fulfilling assignments and projects previously scheduled and agreed; make, propose or permit any material changes to the terms and conditions of employment of any employees listed on the Supplier's Provisional Staff List; increase the proportion of working time spent on the Services (or the relevant part) by any of the Supplier Staff listed on the Supplier’s Provisional Staff List save for fulfilling assignments and projects previously scheduled and agreed; introduce any new contractual or customary practice concerning the making of any lump sum payment on the termination of employment of any employees listed on the Supplier's Provisional Staff List; or replace any Supplier Staff listed on the Supplier's Provisional Staff List or deploy any other person to perform the Services (or the relevant part) or terminate or give notice to terminate the employment or contracts of any persons on the Supplier's Provisional Staff List save for: the execution of assigned operations as detailed in Paragraphs 4.6.1 and 4.6.3; and replacing voluntary resignations or staff terminated by due disciplinary process to satisfy the fulfilment of previously agreed work streams provided that any replacement is employed on the same terms and conditions of employment as the person he/she replaces. The Supplier will promptly notify the Authority and/or, at the direction of the Authority, the Nominated Supplier of any notice to terminate employment given to the Supplier or received from any persons listed on the Supplier's Provisional Staff List regardless of when such notice takes effect. At least fourteen (14) Working Days before the expected Service Transfer Date, the Supplier will provide to the Authority or any Nominated Supplier, in respect of each person on the Supplier's Final Staff List who is a Transferring Employee: the most recent month's copy pay slip data; details of cumulative pay for tax and pension purposes; details of cumulative tax paid; tax code; details of any voluntary deductions from pay; and bank/building society account details for payroll purposes.