Common use of Transfer of Staff Clause in Contracts

Transfer of Staff. 14.1 Where an RSB voluntarily cedes a Delegated Task or where the FRC reclaims a Delegated Task, or where the FRC has performed a Retained Task or Reclaimed Task and subsequently delegates the same to an RSB (Ceding Employer), and transfer of staff from the Ceding Employer is effected by law or by agreement to the FRC or a Replacement RSB (Transferring Employee(s), Relevant Transfer and New Employer respectively), the Ceding Employer shall indemnify the New Employer against any Employee Liabilities in respect of such Transferring Employees arising from or as a result of: (a) any act or omission by the Ceding Employer or any of its sub-contractors, whether occurring before, on or after the Relevant Transfer Date. (b) any act or omission of the Ceding Employer in relation to their obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 save to the extent that such liability arises from the New Employer’s act or omission in relation to its obligations under those Regulations. 14.2 For the purposes of this clause 14, "Employee Liabilities" means all claims, actions, proceedings, orders, demands, complaints, investigations and any award, compensation, damages, tribunal awards, fine, loss, order, penalty, disbursement, payment made by way of settlement and costs, expenses and legal costs reasonably incurred in connection with a claim or investigation; and "Relevant Transfer Date" means the date upon which a transfer of employment takes place by operation of law or agreement and arising out of or in connection with the FRC’s delegation of Regulatory Tasks pursuant to applicable law (including SATCAR 2016) and/or this Delegation Agreement,