Common use of TRANSFER OF UNDERTAKINGS Clause in Contracts

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.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement

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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in respect of any claim brought by any Transferring Employee which arises from operation of this Clause 1.2; andand WITHDRAWN 1.2.2 Where the Transferring Employee is a Public Sector Employee THE CONTRACTOR must comply with the Cabinet Office Statement of Practice/ ODPM Circular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.

Appears in 1 contract

Samples: Contract for Services Education and Training

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 SFA and the Previous Contractor in respect of any claim brought by any Transferring Employee which arises from operation of this Clause 1.2; andand WITHDRAWN 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.Practice

Appears in 1 contract

Samples: Funding Agreement

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 SFA 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.

Appears in 1 contract

Samples: Funding Agreement

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 SFA 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.Practice

Appears in 1 contract

Samples: Funding Agreement

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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 SFA and the Previous Contractor in respect of any claim brought by any Transferring Employee which arises from operation of this Clause 1.2; andand WITHDRAWN 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.

Appears in 1 contract

Samples: Funding Agreement

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 ESFA 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.Practice

Appears in 1 contract

Samples: Funding Agreement

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