THE TRANSFER REGULATIONS. The parties acknowledge that the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended (the "Transfer Regulations") may apply at any time before or after the termination or expiry of this Agreement or upon the early termination or variation of this Agreement. In circumstances where the Transfer Regulations do apply, the Provider shall comply with its obligations under the Transfer Regulations. In the event of expiry or termination of the Agreement, the Provider and the Trust shall co-operate fully to ensure an orderly handover in relation to all aspects of the Services to alternative providers and shall at all times act in such a manner as to not adversely affect the delivery of the Services or the obligations of the parties under this Agreement. If requested to do so by the Trust, the Provider shall co‑operate fully during the discussions and any transfer of the Services to any alternative provider(s) and this co‑operation shall extend to allowing for access to, and providing copies of information which is necessary in order to achieve an effective transition to a new provider without disruption to routine operational requirements. The transfer shall be arranged to reduce to a minimum any interruption of the provision to the Trust of the Services. The Provider shall, within 14 days of a written request from the Trust, provide such full, accurate and up to date information relating to the Provider's staff employed or engaged in providing the Services (or a part of the Services) to the Trust including without limitation the identity of the employees who will transfer, the age of those employees, information contained in the statements of employment particulars for those employees (e.g. remuneration, hours of work, holiday entitlements), information relating to any collective agreements which apply to those employees, instances of any disciplinary action within the preceding 2 years taken by the Provider in respect of those employees in circumstances where the statutory dispute resolution procedures apply, instances of any grievances raised by those employees within the preceding 2 years taken by the Provider in respect of those employees in circumstances where the statutory dispute resolution procedures apply and instances of any legal actions taken by those employees against the Provider in the previous 2 years and instances of potential legal actions which might be brought by those employees where the Provider ...
THE TRANSFER REGULATIONS. The parties consider that the transaction contemplated by this Agreement is subject to the application of the Transfer Regulations and agree that:
(a) the contracts of employment of the Employees will have effect from the Effective Time as if originally made between the Buyer (or a member of the Buyer's Group) and the Employees (except in respect of pension arrangements in so far as they are excluded by reason of the Transfer Regulations) and by virtue of the Transfer Regulations all the Seller's (and/or relevant member of the Seller's Group's) rights, powers, duties and liabilities under or in connection with any such contract of employment with the Employees still in force at the Effective Time shall be transferred to the Buyer (or a relevant member of the Buyer's Group);
(b) the employment of any of the Employees who are employed in the Business immediately on or before the Effective Time shall not be terminated for a reason arising from or connected in any way with this Agreement;
(c) the parties will (subject to the terms of this Agreement) comply with the requirements of the Transfer Regulations; and
(d) for the Employees who: (i) are employed by a Seller's Group Company in France and (ii) benefit from a protective statutory status, their transfer will be subject to the consent from the competent labor governmental authority and therefore: (1) notwithstanding anything to the contrary in this Agreement, Completion can occur without such Employees and such Employees shall transfer when and if the competent labor governmental approval is received; and (2) in the event such Employees' transfer is refused by the competent labor governmental authority, they will remain employed by the Seller's Group Company in France.
