Common use of STAFF AND RESOURCES Clause in Contracts

STAFF AND RESOURCES. The Contractor shall be fully responsible in every way for the employment and conditions of service of all its staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Equality Act 2010 or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the Services. The Contractor shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services do not unlawfully discriminate within the meaning of this Clause 9.7 and shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by this Clause 9.7. The Contractor shall procure that all potential staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons in the provision of the Project to NICE. The Contractor shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions in accordance with Clause 9.8.1, or who is found to have any Convictions following receipt of standard and enhanced disclosures from the Criminal Records Bureau in accordance with Clause 9.8.2, or who fails to obtain standard and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer, legislation, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employee.

Appears in 2 contracts

Samples: Agreement, Agreement

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STAFF AND RESOURCES. The Contractor shall be fully responsible in every way for the employment and conditions of service of all its staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Safe Staffing Economics Unit (SSEU) Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Equality Act 2010 or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the Services. The Contractor shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services do not unlawfully discriminate within the meaning of this Clause 9.7 and shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by this Clause 9.7. The Contractor shall procure that all potential staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons in the provision of the Project to NICE. The Contractor shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions in accordance with Clause 9.8.1, or who is found to have any Convictions following receipt of standard and enhanced disclosures from the Criminal Records Bureau in accordance with Clause 9.8.2, or who fails to obtain standard and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer, legislation, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employee.

Appears in 1 contract

Samples: Agreement

STAFF AND RESOURCES. The Contractor Provider shall be fully responsible in every way for the employment and conditions of service of all its staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor Provider shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Equality Act 2010 Xxx 0000, the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the ServicesDeliverable(s). The Contractor Provider shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services Deliverable(s) do not unlawfully discriminate within the meaning of this Clause 9.7 clause 12.2 and shall impose on any Sub-contractor obligations substantially similar to those imposed on the Provider by this clause 12.2; and The Provider shall notify the Purchasing Authority and / or any Beneficiary immediately of any investigation of or proceedings against the Provider under the Equality Xxx 0000 and shall cooperate fully and promptly with any requests of the person or body conducting such investigation or proceedings, including allowing access to any documents or data required, attending any meetings and providing any information requested. The Provider shall indemnify the Purchasing Authority and / or any Beneficiary against all costs, claims, charges, demands, liabilities, damages, losses and expenses incurred or suffered by Purchasing Authority and / or any Beneficiary arising out of or in connection with any investigation conducted or any proceedings brought under the 2010 Act due directly or indirectly to any act or omission by the Provider, its agents, employees or sub-contractors. The Provider shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor Provider by this Clause 9.7clause 12. The Contractor Where the Purchasing Authority has notified the provider that it intends to tender or retender any Deliverable(s), the Provider shall procure that all potential on written request and within 20 operational days of such a request provide the Purchasing Authority with anonymised details of staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons engaged in the provision of such Deliverable(s) to be tendered or retendered that may be subject to TUPE Providers Key Personnel Any notice, information, instruction or other communication given or made to the Project Agreement Manager shall be deemed to NICEhave been given or made to the Provider. The Contractor Agreement Manager shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions be suitably qualified in accordance with Clause 9.8.1the Specification or Schedule(s). The Provider shall forthwith give notice in writing to the Authorised Officer of the identity of the person appointed as Agreement Manager and of any subsequent appointment. Until notice of a subsequent appointment shall have been given the Purchasing Authority and any Beneficiary shall be entitled to treat as Agreement Manager the person last notified to the Authorised Officer as being the Agreement Manager. The Provider shall ensure that the Agreement Manager, or a competent deputy who is found duly authorised to have act on his behalf, is available to the Purchasing Authority and any Convictions following receipt Beneficiary at all times. The Provider shall inform the Authorised Officer of standard the identity of any person authorised to act for any period as deputy for the Agreement Manager before the start of that period. The Agreement Manager or his deputy shall consult with the Authorised Officer and enhanced disclosures such other of the Purchasing Authority’s or any Beneficiary’s own supervisory staff as may from time to time be specified by the Criminal Records Bureau Authorised Officer as often as may reasonably be necessary for the efficient provision of the Deliverable(s) in accordance with Clause 9.8.2, or who fails the Agreement. All persons appointed to obtain standard managerial and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor supervisory positions in accordance with Clause 9.8.2 the Specification or Schedule(s) must be to the acceptance of the Authorised Officer who will have the right to veto the appointment of any candidate who is employed without NICE's prior written consentdeemed to be unsuitable. The Contractor Provider’s staff engaged in and about the provision of the Deliverable(s) shall procure that NICE is kept advised at primarily be under the control and direction of the Provider’s own supervisory staff but nevertheless while on the Purchasing Authority’s and any Beneficiary’s premises will obey all times reasonable instructions given to them by the Purchasing Authority’s or any Beneficiary’s supervisory staff in any matter occasioned by the operational needs of any member the relevant Service or the health, safety or welfare of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICEanyone. The Contractor Provider shall only employ ensure that his staff for carry out their duties and behave while on the purposes Purchasing Authority’s or any Beneficiary’s premises in an orderly manner and in as quiet a manner as may reasonably be practicable having regard to the nature of the Agreement who fulfil duties being performed by them. The Provider’s staff shall not cause any minimum training unreasonable or unnecessary disruption to the routines, practices, and qualification requirements procedures of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised OfficerPurchasing Authority’s or any Beneficiary’s staff, legislationpatients or visitors, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards staff of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employeeany other Providers.

Appears in 1 contract

Samples: National Institute for Health

STAFF AND RESOURCES. The Contractor shall be fully responsible in every way for the employment and conditions of service of all its staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating External Assessment Centre Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Disability Discrimination Act 1995 (as amended), the Equality Act 2010 2006 (as amended) and the Equality Act 2010, or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the Services. The Contractor shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services do not unlawfully discriminate within the meaning of this Clause 9.7 and shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by this Clause 9.7. The Contractor shall procure that all potential staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons in the provision of the Project to NICE. The Contractor shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions in accordance with Clause 9.8.1, or who is found to have any Convictions following receipt of standard and enhanced disclosures from the Criminal Records Bureau in accordance with Clause 9.8.2, or who fails to obtain standard and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer, legislation, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employee.

Appears in 1 contract

Samples: Agreement

STAFF AND RESOURCES. The Contractor Provider shall be fully responsible in every way for the employment and conditions of service of all its its’ staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor Provider shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Equality Act 2010 2010, the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the ServicesDeliverable(s). The Contractor Provider shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services Deliverable(s) do not unlawfully discriminate within the meaning of this Clause 9.7 clause 24.2 and shall impose on any Sub-contractor obligations substantially similar to those imposed on the Provider by this clause 24.2; and The Provider shall notify the Purchasing Authority and / or any Beneficiary immediately of any investigation of or proceedings against the Provider under the Equality Act 2010 and shall cooperate fully and promptly with any requests of the person or body conducting such investigation or proceedings, including allowing access to any documents or data required, attending any meetings and providing any information requested. The Provider shall indemnify the Purchasing Authority and / or any Beneficiary against all costs, claims, charges, demands, liabilities, damages, losses and expenses incurred or suffered by Purchasing Authority and / or any Beneficiary arising out of or in connection with any investigation conducted or any proceedings brought under the 2010 Act due directly or indirectly to any act or omission by the Provider, its agents, employees or sub-contractors. The Provider shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor Provider by this Clause 9.7clause 24. The Contractor Where the Purchasing Authority has notified the Provider that it intends to tender or retender any Deliverable(s), the Provider shall procure that all potential on written request and within 20 (twenty) working days of such a request provide the Purchasing Authority with anonymised details of staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons engaged in the provision of such Deliverable(s) to be tendered or retendered that may be subject to TUPE. Providers’ Key Personnel Any notice, information, instruction or other communication given or made to the Project Agreement Manager shall be deemed to NICEhave been given or made to the Provider. The Contractor Agreement Manager shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions be suitably qualified in accordance with Clause 9.8.1the Specification or Licence Agreement(s). The Provider shall forthwith give notice in writing to the Authorised Officer of the identity of the person appointed as Agreement Manager and of any subsequent appointment. Until notice of a subsequent appointment shall have been given the Purchasing Authority and any Beneficiary shall be entitled to treat as Agreement Manager the person last notified to the Authorised Officer as being the Agreement Manager. The Provider shall ensure that the Agreement Manager, or a competent deputy who is found duly authorised to have act on his behalf, is available to the Purchasing Authority and any Convictions following receipt Beneficiary at all times. The Provider shall inform the Authorised Officer of standard the identity of any person authorised to act for any period as deputy for the Agreement Manager before the start of that period. The Agreement Manager or his deputy shall consult with the Authorised Officer and enhanced disclosures such other of the Purchasing Authority’s or any Beneficiary’s own supervisory staff as may from time to time be specified by the Criminal Records Bureau Authorised Officer as often as may reasonably be necessary for the efficient provision of the Deliverable(s) in accordance with Clause 9.8.2, or who fails the Agreement. All persons appointed to obtain standard managerial and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor supervisory positions in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised at all times the Agreement, Specification or Licence Agreement(s) must be to the acceptance of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer. The Provider shall notify the Authorised Officer of the Purchasing Authority of any change to such staff. The Authorised Officer shall retain the right to consult with the Provider regarding the candidates’ skills and experience. The Provider’s staff engaged in and about the provision of the Deliverable(s) shall primarily be under the control and direction of the Provider’s own supervisory staff but nevertheless while on the Purchasing Authority’s and any Beneficiary’s premises will obey all reasonable instructions given to them by the Purchasing Authority’s or any Beneficiary’s supervisory staff in any matter occasioned by the operational needs of the relevant Service or the health, legislationsafety or welfare of anyone. The Provider shall ensure that his staff carry out their duties and behave while on the Purchasing Authority’s or any Beneficiary’s premises in an orderly manner and in as quiet a manner as may reasonably be practicable having regard to the nature of the duties being performed by them. The Provider’s staff shall not cause any unreasonable or unnecessary disruption to the routines, practices, and procedures of the Purchasing Authority’s or any Beneficiary’s staff, patients or visitors, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards staff of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employeeany other Providers.

Appears in 1 contract

Samples: www.nice.org.uk

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STAFF AND RESOURCES. The Contractor Provider shall be fully responsible in every way for the employment and conditions of service of all its its’ staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor Provider shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Equality Act 2010 2010, the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the ServicesDeliverable(s). The Contractor Provider shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services Deliverable(s) do not unlawfully discriminate within the meaning of this Clause 9.7 clause 26.2 and shall impose on any Sub-contractor obligations substantially similar to those imposed on the Provider by this clause 26.2; and The Provider shall notify the Purchasing Authority and / or any Beneficiary immediately of any investigation of or proceedings against the Provider under the Equality Act 2010 and shall cooperate fully and promptly with any requests of the person or body conducting such investigation or proceedings, including allowing access to any documents or data required, attending any meetings and providing any information requested. The Provider shall indemnify the Purchasing Authority and / or any Beneficiary against all costs, claims, charges, demands, liabilities, damages, losses and expenses incurred or suffered by Purchasing Authority and / or any Beneficiary arising out of or in connection with any investigation conducted or any proceedings brought under the 2010 Act due directly or indirectly to any act or omission by the Provider, its agents, employees or sub-contractors. The Provider shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor Provider by this Clause 9.7clause 26. The Contractor Where the Purchasing Authority has notified the Provider that it intends to tender or retender any Deliverable(s), the Provider shall procure that all potential on written request and within twenty (20) working days of such a request provide the Purchasing Authority with anonymised details of staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons engaged in the provision of such Deliverable(s) to be tendered or retendered that may be subject to TUPE. Providers’ Key Personnel Any notice, information, instruction or other communication given or made to the Project Agreement Manager shall be deemed to NICEhave been given or made to the Provider. The Contractor Agreement Manager shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions be suitably qualified in accordance with Clause 9.8.1the Specification or Licence Agreement(s). The Provider shall forthwith give notice in writing to the Authorised Officer of the identity of the person appointed as Agreement Manager and of any subsequent appointment. Until notice of a subsequent appointment shall have been given the Purchasing Authority and any Beneficiary shall be entitled to treat as Agreement Manager the person last notified to the Authorised Officer as being the Agreement Manager. The Provider shall ensure that the Agreement Manager, or a competent deputy who is found duly authorised to have act on his behalf, is available to the Purchasing Authority and any Convictions following receipt Beneficiary at all times. The Provider shall inform the Authorised Officer of standard the identity of any person authorised to act for any period as deputy for the Agreement Manager before the start of that period. The Agreement Manager or his deputy shall consult with the Authorised Officer and enhanced disclosures such other of the Purchasing Authority’s or any Beneficiary’s own supervisory staff as may from time to time be specified by the Criminal Records Bureau Authorised Officer as often as may reasonably be necessary for the efficient provision of the Deliverable(s) in accordance with Clause 9.8.2, or who fails the Agreement. All persons appointed to obtain standard managerial and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor supervisory positions in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised at all times the Agreement, Specification or Licence Agreement(s) must be to the acceptance of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer. The Provider shall notify the Authorised Officer of the Purchasing Authority of any change to such staff. The Authorised Officer shall retain the right to consult with the Provider regarding the candidates’ skills and experience. The Provider’s staff engaged in and about the provision of the Deliverable(s) shall primarily be under the control and direction of the Provider’s own supervisory staff but nevertheless while on the Purchasing Authority’s and any Beneficiary’s premises will obey all reasonable instructions given to them by the Purchasing Authority’s or any Beneficiary’s supervisory staff in any matter occasioned by the operational needs of the relevant Service or the health, legislationsafety or welfare of anyone. The Provider shall ensure that his staff carry out their duties and behave while on the Purchasing Authority’s or any Beneficiary’s premises in an orderly manner and in as quiet a manner as may reasonably be practicable having regard to the nature of the duties being performed by them. The Provider’s staff shall not cause any unreasonable or unnecessary disruption to the routines, practices, and procedures of the Purchasing Authority’s or any Beneficiary’s staff, patients or visitors, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards staff of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employeeany other Providers.

Appears in 1 contract

Samples: National Institute for Health

STAFF AND RESOURCES. The Contractor Provider shall be fully responsible in every way for the employment and conditions of service of all its entire staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor Provider shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Equality Act 2010 (as amended) the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the Services. The Contractor Provider shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services do not unlawfully discriminate within the meaning of this Clause 9.7 21.2 and shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor Provider by this Clause 9.721.2; and in the management of its affairs and the development of its equality and diversity policies, the Provider shall co-operate with NICE in respect of NICE’s obligations to comply with statutory equality duties. The Contractor Provider shall procure that all potential staff or persons performing any take such steps as the Contracting Authority considers appropriate to promote equality and diversity, including race equality, equality of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement opportunity for disabled people, gender equality, and equality relating to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; religion and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable personsbelief, obtain standard sexual orientation and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons age in the provision of the Project to NICEService(s). The Contractor Provider shall notify Contracting Authority immediately of any investigation of or proceedings against the Provider under the Equality Act 2010 and shall cooperate fully and promptly with any requests of the person or body conducting such investigation or proceedings, including allowing access to any documents or data required, attending any meetings and providing any information requested. The Provider shall indemnify Contracting Authority against all costs, claims, charges, demands, liabilities, damages, losses and expenses incurred or suffered by Contracting Authority arising out of or in connection with any investigation conducted or any proceedings brought under the 2010 Act due directly or indirectly to any act or omission by the Provider, its agents, employees or sub-contractors. The Provider shall impose on any sub-contractor obligations substantially similar to those imposed on the Provider by this Clause 21. In fulfilling its obligations under this Framework Agreement the Provider shall ensure that it complies with all current Employment Legislation and in particular, does not unlawfully discriminate in breach of any Employment Legislation. The Provider shall take all necessary reasonable steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions in accordance with Clause 9.8.1, or who is found to have any Convictions following receipt of standard and enhanced disclosures from the Criminal Records Bureau in accordance with Clause 9.8.2, or who fails to obtain standard and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised (at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer, legislation, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees own expense) to ensure that any employees employed to fulfil the employees supplied to carry out the Project have Provider’s obligations under this Framework Agreement do not worked excessive hours which could prejudice the standards unlawfully discriminate in breach of serviceany Employment Legislation. In accordance the management of its affairs and the development of its equality and diversity policies, the Provider shall co-operate with the Working Time Regulations 1998 it is the responsibility Contracting Authority in light of the Contractor Contracting Authority’s obligations to keep records comply with statutory equality duties. The Provider shall take such steps as the Contracting Authority reasonably considers appropriate to promote equality and diversity, including race equality, equality of hours worked opportunity for each employeedisabled people, gender equality, and equality relating to religion and belief, sexual orientation and age in the fulfilment of its obligations under this Framework Agreement.

Appears in 1 contract

Samples: Framework Agreement

STAFF AND RESOURCES. The Contractor shall be fully responsible in every way for the employment and conditions of service of all its staff and all consultants (whether part-time or full-time). The Contractor shall exercise equal opportunity policies in its employment of staff and consultants. NICE shall have the right to be consulted on which staff will be appointed to perform the Project. The Contractor undertakes to NICE that any person assigned to the Project is an employee, consultant or student of the Contractor and that any such employee, consultant or student shall not be transferred from this assignment without the prior written consent of NICE, which consent shall not be unreasonably withheld or delayed. The Contractor will employ sufficient employees to ensure that all parts of the Project are performed at all times and in all respects in complete conformity with the Specification. This will include, but not be limited to, the Contractor providing a sufficient reserve of trained and competent staff to perform the Project during staff holidays or absence due to sickness or voluntary absence. In relation to the Project, the Contractor will employ only such persons as are careful, skilled and experienced in the duties required of them, and will ensure that every such person is properly and sufficiently trained and instructed (at the Contractor's expense). The Contractor shall ensure that employees of appropriate levels of experience and expertise perform the Project to achieve cost efficiency. The Contractor acknowledges that if it is ever the wish of the Contractor to change the Senior Lead, Collaborating Centre Clinical Guidelines Technical Support Unit Members or its partners (and/or employees committed to provide the Project as provided for in the Specification) it shall if possible first give notice of such wish to the Authorised Officer explaining the reasons for such wish together with full details of any proposed replacement member, partner and/or employee in accordance with Clause 18. NICE shall be under no obligation to approve or accept any such replacement. The Contractor shall ensure that it complies with all current employment legislation and in particular, does not unlawfully discriminate within the meaning of the Race Relations Act 1976 (as amended), the Sex Discrimination Act 1975 (as amended), the Disability Discrimination Act 1995 (as amended), the Equality Act 2010 2006, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Sex Discrimination) Regulations 2005, the Employment Equality (Age) Regulations 2006, or any other relevant legislation relating to discrimination in the employment of employees for the purpose of providing the Services. The Contractor shall take all reasonable steps (at its own expense) to ensure that any employees employed in the provision of the Services do not unlawfully discriminate within the meaning of this Clause 9.7 and shall impose on any sub-contractor obligations substantially similar to those imposed on the Contractor by this Clause 9.7. The Contractor shall procure that all potential staff or persons performing any of the Project during the Agreement Period who may reasonably be expected in the course of their employment or engagement to have access to children or other vulnerable persons and/or access to persons receiving clinical services and/or medical services: are questioned concerning their Convictions; and only in the case of potential staff who may reasonably be expected in the course of their employment to have access to children or other vulnerable persons, obtain standard and enhanced disclosures from the Criminal Records Bureau before the Contractor engages the potential staff or persons in the provision of the Project to NICE. The Contractor shall take all necessary steps to procure that such potential staff or persons obtain standard and enhanced disclosures from the Criminal Records Bureau including, without limitation, the Contractor being registered with the Criminal Records Bureau. The Contractor shall procure that no person who discloses any Convictions upon being questioned about their Convictions in accordance with Clause 9.8.1, or who is found to have any Convictions following receipt of standard and enhanced disclosures from the Criminal Records Bureau in accordance with Clause 9.8.2, or who fails to obtain standard and enhanced disclosures from the Criminal Records Bureau upon request by the Contractor in accordance with Clause 9.8.2 is employed without NICE's prior written consent. The Contractor shall procure that NICE is kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff receives a Conviction or whose previous Convictions become known to NICE. The Contractor shall only employ staff for the purposes of the Agreement who fulfil any minimum training and qualification requirements of NICE as set out in the Specification and also all training and qualification requirements that may be deemed necessary by the Authorised Officer, legislation, or any special bodies or associations. It is the joint responsibility of the Contractor and its employees to ensure that the employees supplied to carry out the Project have not worked excessive hours which could prejudice the standards of service. In accordance with the Working Time Regulations 1998 it is the responsibility of the Contractor to keep records of hours worked for each employee.

Appears in 1 contract

Samples: Agreement

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