TRANSFER OF UNDERTAKINGS. (Protection of Employment) on Commencement
1.2.1 THE CONTRACTOR shall on the Employee Transfer Date become the employer of the Transferring Employee and, whether or not by virtue of TUPE, or as a term of this Agreement, all the respective employer’s rights, duties, powers, liabilities and obligations in respect of the contract of employment of the Transferring Employee shall transfer to THE CONTRACTOR. The Parties shall respectively comply with all the requirements and obligations, which TUPE imposes on a transferor and transferee in respect of such transfer whether or not as a matter of law TUPE applies;
1.2.1.1 For the avoidance of doubt, THE CONTRACTOR assumes full responsibility for any claims made by a Transferring Employee in respect of their terms and conditions of employment and will indemnify THE CHIEF EXECUTIVE and the Previous Contractor in respect of any claim brought by any Transferring Employee which arises from operation of this Clause 1.2; and
1.2.2 Where the Transferring Employee is a Public Sector Employee THE CONTRACTOR must comply with the Cabinet Office Statement of Practice/ ODPM Circular 03/2003.
TRANSFER OF UNDERTAKINGS. The Company has not been a party to any relevant transfer as defined in TUPE nor has the Company failed to comply with any duty to inform and consult any Trade Union under the said regulations within the period of one year preceding the date of this Agreement.
TRANSFER OF UNDERTAKINGS. Where, in the opinion of the Supplier and/or the Authorised Representative, the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended are likely to apply on the termination or expiration of the Agreement, the information to be provided by the Supplier under paragraph 1.5 shall include, as applicable, accurate information relating to the Staff or Agency Workers who would be transferred under the same terms of employment under those Regulations, including in particular:-
TRANSFER OF UNDERTAKINGS. 21.1 The Supplier indemnifies BT, any BT Group Company and any successor supplier to the Supplier against any Liabilities arising out of, or in connection with, any claim or decision by a court or tribunal that the contract of employment of any of its employees or any Liabilities in relation to the employees have transferred to BT, any BT Group Company or any successor supplier to the Supplier under the TUPE Regulations or otherwise, including any Liabilities for failure to inform and consult under the TUPE Regulations, such that BT, any BT Group Company and any successor supplier to the Supplier are each placed in no worse a position financially than they would have been had such Liabilities not existed.
TRANSFER OF UNDERTAKINGS. 36.1 The Parties agree that the commencement of the provision of the Services by the Service Provider may constitute a Relevant Transfer in respect of the Incoming Employees.
36.2 The Service Provider is responsible for all emoluments and outgoings in respect of the Incoming Employees (including, without limitation, all wages, bonuses, commission, premiums, subscriptions, pay as you earn and national insurance contributions and pension contributions) which are attributable in whole or in part to the period from the date of the Relevant Transfer, including bonuses or commission which are payable on or before the date of the Relevant Transfer but attributable in whole or in part to the period from the date of the Relevant Transfer.
36.3 The Service Provider indemnifies the transferor against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and any other liabilities which the transferor may incur in respect of the emoluments and outgoings referred to in clause 36.2.
36.4 The Purchaser may by notice require the Service Provider to disclose such information as the Purchaser may require relating to those of the Service Provider’s employees and Staff carrying out activities under or connected with the Contract.
36.4.1 The Service Provider shall fully and accurately disclose to the Purchaser, prospective service provider or to any person nominated by the Purchaser information relating to employees engaged in providing the Services in relation to the Contract in particular, but not necessarily restricted to, the following:
(a) the total number of personnel whose employment with the Service Provider is liable to be terminated at the expiry of this Contract but for any operation of law; and
(b) for each person, age and gender, details of their salary, date of commencement of continuous employment and pay settlements covering that person which relate to future dates but which have already been agreed and their redundancy entitlements (the names of individual members of Staff do not have to be given); and
(c) information about the other terms and conditions on which the affected Staff are employed, or about where that information can be found; and
(d) details of pensions entitlements, if any.
36.5 The Service Provider must disclose by notice all such information as is required by the Purchaser under this clause 36, within such reasonable period specified by the Purchaser. The Service Provider acknowledges that the Data Protection Act 19...
TRANSFER OF UNDERTAKINGS. 11.1 It is acknowledged by the Contractor and UK Sport that the terms of the European Acquired Rights Directive; 2001/23 and/or the Transfer of Undertakings (Protection of Employment)/ Regulations 2006 (The TUPE Regulations) shall not apply upon termination of this Contract.
TRANSFER OF UNDERTAKINGS. Relevant Transfer on the starting date The Parties hereby acknowledge that, pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006 ("TUPE"), there may be a relevant transfer on the starting date and the contracts of employment for those employees who are wholly or mainly assigned in the services immediately before the starting date ("the Transferring-In Employees") will take effect as if originally made between the Solicitor and the employees (save for those who object pursuant to Regulation 4(7) of TUPE). Client Indemnity in respect of Transferring-In Employees The Client shall indemnify and keep indemnified and hold the Solicitor harmless from and against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and other liabilities which the Solicitor may suffer or incur as a result of or in connection with: any claim or demand by any Transferring-In Employee (whether in contract, tort, under statute, pursuant to European Law or otherwise) in each case arising directly or indirectly from any act, fault or omission of the Client Related Party in respect of any Transferring-In Employee on or before the Starting date; any failure by the Client Related Party to comply with its obligations under Regulations 13 or 14 of TUPE or any award of compensation under Regulation 15 of TUPE save where such failure arises from the failure of the Solicitor to comply with its duties under Regulation 13 of TUPE; any claim (including any individual employee entitlement under or consequent on such a claim) by any trade union or other body or person representing any Transferring-In Employees arising from or connected with any failure by the Client Related Party to comply with any legal obligation to such trade union, body or person. Solicitor Indemnity in respect of Transferring-In Employees The Solicitor shall indemnify and keep indemnified and hold the Client harmless from and against all actions, suits, claims, demands, losses, charges, damages, costs and expenses and other liabilities which an Client Related Party may suffer or incur as a result of or in connection with any claim or demand by any employee (whether in contract, tort, under statute, pursuant to European Law or otherwise) who would, but for any act, fault or omission of the Solicitor on or after the starting date, be a Transferring-In Employee. Payments to Employees
(1) The Client shall be responsible for all emoluments and outgoings in respect of the Tr...
TRANSFER OF UNDERTAKINGS. (Protection of Employment) Regulations 2006 (TUPE) liability
a) any subsidiary is included and forms part of the insured; or
b) there is a relevant transfer of any economic entity as defined by the legislation; for which a claim is first made in writing to the insured during the period of insurance. The indemnity provided by this extension i) shall only apply in so far as the insured is unable to obtain indemnity under any previous policy of insurance in respect of such bodily injury;
TRANSFER OF UNDERTAKINGS. You will keep Us indemnified in full against any costs, claims, obligations and liabilities whatsoever (including legal and other professional fees and expenses) whenever arising which We may incur in connection with the employment and/or termination of employment of any persons arising out of the application of TUPE to this Attachment and the SimplicITy Managed IT Services provided hereunder.
TRANSFER OF UNDERTAKINGS. 20.3.1 The Supplier indemnifies EE , any EE Group Company and any successor supplier to the Supplier against any Liabilities arising out of, or in connection with, any claim or decision by a court or tribunal that the contract of employment of any of its employees or any Liabilities in relation to the employees have transferred to EE , any EE Group Company or any successor supplier to the Supplier under the TUPE Regulations or otherwise, including any Liabilities for failure to inform and consult under the TUPE Regulations, such that EE , any EE Group Company and any successor supplier to the Supplier are each placed in no worse a position financially than they would have been had such Liabilities not existed.
