Common use of Staff and Key Personnel Clause in Contracts

Staff and Key Personnel. If the Trust reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Contractor: refuse admission to the relevant person(s) to the Trust’s premises; direct the Contractor to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Contractor replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Trust to the person removed is surrendered, and the Contractor shall comply with any such notice. The Contractor shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Trust with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Trust’s premises in connection with the Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Trust. Any Key Personnel shall not be released from supplying the Services without the agreement of the Trust, except by reason of long-term sickness, maternity leave, paternity leave, or other extenuating circumstances. The Contractor shall not terminate the employment of any Key Personnel or allow any such employment to lapse, without the prior written agreement of the Trust. Where such termination of employment is for any other reason other than due to the Key Personnel’s gross misconduct, breach of any applicable law, or the Contractor’s need to comply with any applicable law, the Trust shall be entitled to terminate the Contract by giving 30 days’ written notice to the Contractor. Any replacements to the Key Personnel shall be subject to the prior written agreement of the Trust (not to be unreasonably withheld). Such replacements shall be of at least equal status or of equivalent experience and skills to the Key Personnel being replaced and be suitable for the responsibilities of that person in relation to the Services. For the purposes of this Agreement, the Contractor shall be considered an independent contractor of the Trust and the Contractor and (if applicable) its Staff shall not be considered employees. Accordingly the Trust is not obliged to pay any wages, salary, sickness or holiday pay. The Contractor shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of its Staff. The Contractor shall ensure that equivalent provisions to this clause are contained in its terms with its Staff. The Trust may, at any time during the Term, request that the Contractor provide the information which demonstrates how the Contractor or its Staff comply with clause 7.6 or why clause 7.6 does not apply to the Contractor or its Staff. The Trust has a right to terminate this Agreement if: the Contractor fails to provide the information in response to the request within a reasonable time or the information provided is inadequate to demonstrate compliance with clause 7.6; the specified information requested was not provided within the specified period; or the information provided demonstrates that the Contractor or its Staff are not complying with terms of this clause 7.6. Clauses 7.6 and 7.7 are required to enable the Trust to comply with the requirements of Procurement Policy Note 07/12 (issued by the Cabinet Office). The Parties do not consider that the commencement, termination or expiry of this Agreement (or any part of it) or of the provision of any Services or any part of any Services pursuant to, or contemplated by, this Agreement will operate to transfer the employment of any employee or other person whether under TUPE, or otherwise. The Contractor shall indemnify the Trust against all costs, expenses, damages and losses arising at any time in connection with the operation of TUPE or any right, assertion or claim by an employee of the Contractor or its sub-contractors or any employee representative that the Trust has obligations, duties to or is otherwise liable to him or her under TUPE (including in relation to the dismissal of an employee of any sub-contractor).

Staff and Key Personnel. If the Trust reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Contractor: refuse admission to the relevant person(s) to the Trust’s premises; direct the Contractor to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Contractor replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Trust to the person removed is surrendered, and the Contractor shall comply with any such notice. The Contractor shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Trust with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Trust’s premises in connection with the Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Trust. Any Key Personnel shall not be released from supplying the Services without the agreement of the Trust, except by reason of long-term sickness, maternity leave, paternity leave, or other extenuating circumstances. The Contractor shall not terminate the employment of any Key Personnel or allow any such employment to lapse, without the prior written agreement of the Trust. Where such termination of employment is for any other reason other than due to the Key Personnel’s gross misconduct, breach of any applicable law, or the Contractor’s need to comply with any applicable law, the Trust shall be entitled to terminate the Contract by giving 30 days’ written notice to the Contractor. Any replacements to the Key Personnel shall be subject to the prior written agreement of the Trust (not to be unreasonably withheld). Such replacements shall be of at least equal status or of equivalent experience and skills to the Key Personnel being replaced and be suitable for the responsibilities of that person in relation to the Services. For the purposes of this Agreement, the Contractor shall be considered an independent contractor of the Trust and the Contractor and (if applicable) its Staff shall not be considered employees. Accordingly the Trust is not obliged to pay any wages, salary, sickness or holiday pay. The Contractor shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of its Staff. The Contractor shall ensure that equivalent provisions to this clause are contained in its terms with its Staff. The Trust may, at any time during the Term, request that the Contractor provide the information which demonstrates how the Contractor or its Staff comply with clause 7.6 17.6 or why clause 7.6 17.6 does not apply to the Contractor or its Staff. The Trust has a right to terminate this Agreement if: the Contractor fails to provide the information in response to the request within a reasonable time or the information provided is inadequate to demonstrate compliance with clause 7.617.6; the specified information requested was not provided within the specified period; or the information provided demonstrates that the Contractor or its Staff are not complying with terms of this clause 7.617.6. Clauses 7.6 17.6 and 7.7 17.7 are required to enable the Trust to comply with the requirements of Procurement Policy Note 07/12 (issued by the Cabinet Office). The Parties do not consider that the commencement, termination or expiry of this Agreement (or any part of it) or of the provision of any Services or any part of any Services pursuant to, or contemplated by, this Agreement will operate to transfer the employment of any employee or other person whether under TUPE, or otherwise. The Contractor shall indemnify the Trust against all costs, expenses, damages and losses arising at any time in connection with the operation of TUPE or any right, assertion or claim by an employee of the Contractor or its sub-contractors or any employee representative that the Trust has obligations, duties to or is otherwise liable to him or her under TUPE (including in relation to the dismissal of an employee of any sub-contractor).

Staff and Key Personnel. If the Trust reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Contractor: refuse admission to the relevant person(s) to the Trust’s premises; direct the Contractor to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Contractor replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Trust to the person removed is surrendered, and the Contractor shall comply with any such notice. The Contractor shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Trust with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Trust’s premises in connection with the Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Trust. Any Key Personnel shall not be released from supplying the Services without the agreement of the Trust, except by reason of long-term sickness, maternity leave, paternity leave, termination of employment or other extenuating circumstances. The Contractor shall not terminate the employment of any Key Personnel or allow any such employment to lapse, without the prior written agreement of the Trust. Where such termination of employment is for any other reason other than due to the Key Personnel’s gross misconduct, breach of any applicable law, or the Contractor’s need to comply with any applicable law, the Trust shall be entitled to terminate the Contract by giving 30 days’ written notice to the Contractor. Any replacements to the Key Personnel shall be subject to the prior written agreement of the Trust (not to be unreasonably withheld). Such replacements shall be of at least equal status or of equivalent experience and skills to the Key Personnel being replaced and be suitable for the responsibilities of that person in relation to the Services. For the purposes of this Agreement, the Contractor shall be considered an independent contractor of the Trust and the Contractor and (if applicable) its Staff shall not be considered employees. Accordingly the Trust is not obliged to pay any wages, salary, sickness or holiday pay. The Contractor shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of its Staff. The Contractor shall ensure that equivalent provisions to this clause are contained in its terms with its Staff. The Trust may, at any time during the Term, request that the Contractor provide the information which demonstrates how the Contractor or its Staff comply with clause 7.6 7.5 or why clause 7.6 7.5 does not apply to the Contractor or its Staff. The Trust has a right to terminate this Agreement if: the Contractor fails to provide the information in response to the request within a reasonable time or the information provided is inadequate to demonstrate compliance with clause 7.67.5; the specified information requested was not provided within the specified period; or the information provided demonstrates that the Contractor or its Staff are not complying with terms of this clause 7.67.5. Clauses 7.5 and 7.6 and 7.7 are required to enable the Trust to comply with the requirements of Procurement Policy Note 07/12 (issued by the Cabinet Office). The Parties do not consider that the commencement, termination or expiry of this Agreement (or any part of it) or of the provision of any Services or any part of any Services pursuant to, or contemplated by, this Agreement will operate to transfer the employment of any employee or other person whether under TUPE, or otherwise. The Contractor shall indemnify the Trust against all costs, expenses, damages and losses arising at any time in connection with the operation of TUPE or any right, assertion or claim by an employee of the Contractor or its sub-contractors or any employee representative that the Trust has obligations, duties to or is otherwise liable to him or her under TUPE (including in relation to the dismissal of an employee of any sub-contractor).

Staff and Key Personnel. If the Trust reasonably believes that any of the Staff are unsuitable to undertake work in respect of the Agreement, it may, by giving written notice to the Contractor: refuse admission to the relevant person(s) to the Trust’s premises; direct the Contractor to end the involvement in the provision of the Services of the relevant person(s); and/or require that the Contractor replace any person removed under this clause with another suitably qualified person and procure that any security pass issued by the Trust to the person removed is surrendered, and the Contractor shall comply with any such notice. The Contractor shall: ensure that all Staff are vetted in accordance with the Staff Vetting Procedures; if requested, provide the Trust with a list of the names and addresses (and any other relevant information) of all persons who may require admission to the Trust’s premises in connection with the Agreement; and procure that all Staff comply with any rules, regulations and requirements reasonably specified by the Trust. Any Key Personnel shall not be released from supplying the Services without the agreement of the Trust, except by reason of long-term sickness, maternity leave, paternity leave, termination of employment or other extenuating circumstances. The Contractor shall not terminate the employment of any Key Personnel or allow any such employment to lapse, without the prior written agreement of the Trust. Where such termination of employment is for any other reason other than due to the Key Personnel’s gross misconduct, breach of any applicable law, or the Contractor’s need to comply with any applicable law, the Trust shall be entitled to terminate the Contract by giving 30 days’ written notice to the Contractor. Any replacements to the Key Personnel shall be subject to the prior written agreement of the Trust (not to be unreasonably withheld). Such replacements shall be of at least equal status or of equivalent experience and skills to the Key Personnel being replaced and be suitable for the responsibilities of that person in relation to the Services. For the purposes of this Agreement, the Contractor shall be considered an independent contractor of the Trust and the Contractor and (if applicable) its Staff shall not be considered employees. Accordingly the Trust is not obliged to pay any wages, salary, sickness or holiday pay. The Contractor shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of its Staff. The Contractor shall ensure that equivalent provisions to this clause are contained in its terms with its Staff. The Trust may, at any time during the Term, request that the Contractor provide the information which demonstrates how the Contractor or its Staff comply with clause 7.6 16.5 or why clause 7.6 16.5 does not apply to the Contractor or its Staff. The Trust has a right to terminate this Agreement if: the Contractor fails to provide the information in response to the request within a reasonable time or the information provided is inadequate to demonstrate compliance with clause 7.616.5; the specified information requested was not provided within the specified period; or the information provided demonstrates that the Contractor or its Staff are not complying with terms of this clause 7.616.5. Clauses 7.6 16.5 and 7.7 16.6 are required to enable the Trust to comply with the requirements of Procurement Policy Note 07/12 (issued by the Cabinet Office). The Parties do not consider that the commencement, termination or expiry of this Agreement (or any part of it) or of the provision of any Services or any part of any Services pursuant to, or contemplated by, this Agreement will operate to transfer the employment of any employee or other person whether under TUPE, or otherwise. The Contractor shall indemnify the Trust against all costs, expenses, damages and losses arising at any time in connection with the operation of TUPE or any right, assertion or claim by an employee of the Contractor or its sub-contractors or any employee representative that the Trust has obligations, duties to or is otherwise liable to him or her under TUPE (including in relation to the dismissal of an employee of any sub-contractor).