Common use of TRANSFERRING STAFF Clause in Contracts

TRANSFERRING STAFF. 5.1 It is not intended that any staff be transferred from the Customer to PTLGateway pursuant to this Agreement or that any ‘relevant transfer’ occur for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981 (‘the Regulations’). 5.2 The Customer shall remain liable for and shall indemnify PTLGateway against all wages holiday pay employment benefit costs redundancy costs and unfair dismissal costs and awards in respect of all employees and former employees of the Customer. 5.3 Neither party during the term of this Agreement and for a period of 2 years after its expiry or termination howsoever caused shall solicit the other party’s staff who have been employed or engaged in the provision of the Services or the performance of this Agreement. For the purposes of this clause ‘solicit’ means the soliciting of such person with a view to engaging such person as an employee, director, sub contractor or independent contractor. 5.4 In the event that either party is in breach of clause 5 above then the party in breach shall pay to the other by way of liquidated damages an amount equal to 100% per cent of the gross annual remuneration (as at the time of the breach or when such person was last in the service of the relevant party) of the person so employed or engaged. This provision shall be without prejudice to either party’s ability to seek injunctive relief. This Clause 5 shall survive for a period of 2 years post the termination of this Agreement.