TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. 33.1 Where TUPE does apply the Provider agree that it shall comply with all of its obligations under TUPE, the Acquired Rights Directive as applicable.
33.2 The Provider agrees to indemnify the Council against any claim howsoever arising from the application of TUPE or the Acquired Rights Directive.
33.3 During the term of this Agreement, the Provider shall, on request by the Council, provide the Council within 30 days, accurate and complete information (relating to all the Contracts the Provider has with the Council) as the Council deems is necessary to allow the Council or bidders to assess the application of TUPE and associated liabilities. The Provider shall warrant the accuracy of all the information provided to the Council and authorises the Council to use any and all of the information as it may consider necessary for the purposes of its business or as part of a relevant procurement exercise. The Provider shall indemnify the Council against any financial losses arising from any failure by the Provider to comply with this clause 33.3 or any differential between the information disclosed and the actual position.
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. Regulations 2006
(1) You will provide to Us any information as We may reasonably require to enable Us to assess the extent of Our obligations under TUPE and comply with them, or with the obligations of any potential successor to You.
(2) You will provide this information within 20 working days of Our written request.
(3) If TUPE applies then You shall make reasonable endeavours to assist Your successor to comply with TUPE by consulting with any employee whom You reasonably believe may be a transferring employee and with their trade union or other representative.
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. REGULATIONS 2006
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. REGULATIONS 2006
43.1 If the termination of this Agreement could constitute a “relevant transfer” as defined in TUPE, the Contractor undertakes to the Council to comply with any of its obligations under TUPE.
43.2 If there is a transfer to the Council or any replacement contractor or Sub-contractor on the expiry or early termination of the Agreement or part of the Agreement, the Contractor will use reasonable endeavours to procure that it or any Sub-contractor will:
i. comply with its obligations under TUPE;
ii. immediately upon request provide to the Council a list containing details of the employees eligible to transfer and such other appropriate information reasonably required by the Council to enable it to disclose as appropriately to third parties invited to tender for any subsequent contract(s) covering the services or works concerned. This list and details to be provided to the Council is to contain the following:- - nature of job/job description; - current salary; - length of service; - contracted hours and percentage of those contracted hours spent on the Agreement; - retirement age; - arrangements for overtime and whether this is contractual; - any factors that may affect redundancy entitlement; - any outstanding industrial injury claims or other claims or actions; - whether any probationary period is current; - period of notice to terminate employment; - current pay agreement and any agreed settlement yet to come into effect; - age; - sex; - annual leave entitlement; - sick leave entitlement; - maternity and paternity leave arrangements; - special leave entitlement; - other benefits eg. season tickets, loans, car provision; - whether they are a member of an Admitted Body Scheme or a member or a company pension scheme; - location and contractual provisions relating to this; - terms and conditions of employment; - details of Admitted Body Scheme or company pension scheme; - evidence of checks to comply with the Asylum and Nationality Act 2006; and - any other information reasonably requested by the Council.
43.2.1 The Contractor warrants that the above information when provided to the Council will be accurate and complete in all respects, that it will immediately inform the Council in writing of any changes to that information between the date provided and the date of any replacement agreement and that it will have discharged all known liabilities relating to its employees. If the Contractor fails to provide the required information or does not pr...
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. Regulations 2006
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. 34.1 The Contractor recognises that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply in respect of this Contract in accordance with Annex H of the Contract and that for the purposes of those Regulations the undertaking concerned, or any relevant part of the undertaking, shall transfer to the Contractor on 0001 hours on the day on which the Contractor commences the provision of Services. Activities to be covered: Soldier Development through Adventurous Training (referred to as AT from hereon in) is to be provided to challenge the students by exposing them to a climate of achievement and self-development within an arduous environment. Through challenge, the students are to be inspired, by example, to display initiative, develop personal leadership skills, develop functional skills (basic literacy, numeracy and language) and cope with the uncertainty / controlled risk that naturally occurs within AT activities. Core AT Package activities will be used as a vehicle to nurture development. The core activities to be undertaken are: Rock climbing (outdoor or indoor weather dependant). Kayaking / Canadian canoeing / Sea Paddling. Mountaineering / trekking. Mountain biking. Caving/Gorge Walking. Each activity must be underpinned by the following key developmental goals (in addition to the specified AT Scale of Delivery detailed at Para 12 below). These developmental goals are not tested summatively and as such there are no pass or fail parameters. Judgement should be made by formative means only. Oral and written self-assessment of performance in the activity (developing literacy functional skills). The written element can be completed out-of-hours by students under the direction of their military staff and reviewed by the instructor the following day if required. Overcoming fear and uncertainty in situations that naturally occur during AT activities. Basic numerical planning such as speed, time, distance (developing numeracy functional skills). Prepare a basic plan and present to a group. Discuss issues / problems within a group environment (developing language functional skills). All activities are to be logged as required to allow, where appropriate, achievements to contribute toward the current NVQ process and future Apprenticeship / Functional Skills Programme when introduced. Further direction on Army AT policy can be found in Joint Service Publication (JSP) 419. This document is available on the internet at the following l...
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. 35.1 The Parties recognise that the Transfer of Undertakings (Protection of Employment) Regulations 1981 may apply in respect of the award of the Agreement and that for the purposes of those Regulations the undertaking concerned, or any relevant part of the undertaking, shall transfer to the Provider on the Effective Date.
35.2 The Provider shall comply with the requirements of those Regulations in respect of key personnel (who will have been employed in the undertaking, or relevant part of the undertaking, immediately before its transfer to the Provider.
35.3 The Provider shall indemnify the Commissioner against any claim made against the Commissioner at any time by any of the key personnel for breach of contract, loss of office, unfair dismissal, redundancy, loss of earnings or otherwise (and all damages, penalties, awards, legal costs, expenses and other liabilities incurred by the Commissioner) resulting from any act or omission of the Provider on or after the Effective Date, except where such claim arises as a result of any breach of obligations (whether contractual, statutory, at common law or otherwise) by the Commissioner arising or accruing before the Effective Date.]
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. 52.1 This Framework Agreement envisages that subsequent to its commencement, the identity of the Framework Providers may change (whether as a result of termination of this Framework Agreement, or part, expiry of the Framework Term or otherwise) resulting in a transfer of the Services in whole or in part (“Subsequent Transfer”). If a Subsequent Transfer is a Relevant Transfer then the Council or a Replacement Service Provider will inherit liabilities in respect of the Relevant Transferring Employees with effect from the relevant Service Transfer Date.
52.2 During the twelve (12) months preceding the expiry of this Framework or after the Council has given notice to terminate this Framework Agreement pursuant to clauses 30 (Default by Service Provider) or 31 (Termination) or at any other time as directed by the Council and / or at such times as required by TUPE, and within fifteen (15) Working Days of being so requested by the Council, the Service Provider shall fully and accurately disclose to the Council any and all information, (including but not limited to the Employee Liability Information), in relation to all Staff engaged in, or wholly or mainly assigned to, managing the administration of this Framework Agreement including all Relevant Transferring Employees who are to transfer as a consequence of the Relevant Transfer, in particular (but not restricted):
52.2.1 a list of Staff employed by the Contractor and the amount of time spent by each on the management of this Framework Agreement;
52.2.2 information as to the application of TUPE to the identified Staff;
52.2.3 whether the identified Staff are employees, workers, agency workers, agents, consultants or independent contractors engaged by the Contractor;
52.2.4 the total payroll xxxx (i.e. taxable pay and allowances including employer’s contributions to pensions schemes) of those Staff; and
52.2.5 the terms and conditions of employment of the Relevant Transferring Employees, their age and salary, the date their continuous employment commenced and (if different) the employment contract commencement date, enhancement rates any other factors affecting their redundancy entitlement and any outstanding claims arising from their employment.
52.3 The Service Provider warrants that all the information provided to the Council pursuant to this clause 52 will be true and accurate in all material respects and that no persons are employed or engaged in the management of this Framework Agreement other than those in...
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. REGULATIONS In the event that the Employment Regulations apply to any Service Transfer the Contractor and the University shall abide by this clause 19.
TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT. Regulations 2006.
(i) The Parties intend and agree amongst themselves that the sale and purchase of the Transferred Assets or the RBS Related Assets and Liabilities pursuant to this Agreement shall not be a “Relevant Transfer” for the purposes of the Transfer Regulations and that accordingly no person’s employment shall transfer from any of the Sellers or any of their Affiliates to the Purchaser or any of its Affiliates as a result of the sale and purchase of the Transferred Assets or the RBS Related Assets and Liabilities pursuant to this Agreement.
(ii) If, notwithstanding Section 7.5(t)(i), any Person who is not a Combined Business Employee, excluding for the purposes of this Section 7.5(t) any former employee of a Transferred Company and any former or current independent contractor of the Transferred Company (a “Claimant Employee”) claims that his employment or any Liability in relation to his employment, has transferred from any of the Seller Parties or any of their Affiliates to the Purchaser or any of its Affiliates as a result of the Transfer Regulations, subject to Section 7.5(t)(iii) each of RBS and Sempra Energy, severally, but not jointly, and in accordance with such applicable Seller Party’s Indemnity Share (except as otherwise provided in Section 9.4(b)), will indemnify and hold harmless the Purchaser and each of its Affiliates from and against any and all losses and Liabilities on a net after-Tax basis (including all reasonable legal charges and expenses together with any applicable amount in respect of VAT) suffered or incurred by any of them in relation to the employment of the Claimant Employee, the termination of the Claimant Employee’s employment, and any breach of the Seller Parties’ (or any Seller Party’s), the Purchaser’s or any of their respective Affiliates’ obligations in respect of the Claimant Employee under Regulations 11 and 13 of the Transfer Regulations.
(iii) In order to be able to rely on the indemnity in Section 7.5(t)(ii), the Purchaser must terminate or procure the termination of the employment of any Claimant Employee as soon as reasonably practicable after discovering that such Claimant Employee has transferred to the Purchaser (or any of its Affiliates) pursuant to the Transfer Regulations or alleges that he/she has so transferred, but in any event such termination must occur no later than three (3) months following the Closing Date.
(iv) The Purchaser undertakes that, in the event that the Purchaser or any of its Af...
