TUPE AND PENSIONS. The parties agree that the provisions of Schedule 7 shall apply to any Relevant Transfer of staff under or in connection with this Contract.
TUPE AND PENSIONS. In accordance with Paragraph 2.1 of Schedule 7.1 (Staff Transfer), the following Parts apply: Part B The following individuals are Transferring Customer Authority Employees: Not applicable.
TUPE AND PENSIONS. The parties agree that the provisions of 0 shall apply to any Relevant Transfer of staff under or in connection with this Contract.
TUPE AND PENSIONS. 13.1 The parties do not generally anticipate that staff will transfer under TUPE Regulations with regard to the nightly let Services either at the Commencement Date or during the Contract Period. However, the Service Provider shall undertake its own due diligence and where necessary, seek independent legal advice to inform itself of whether or not TUPE applies and of the consequences where TUPE is applicable. The Contract Price shall be deemed inclusive of any costs associated with TUPE and associated matters such as pensions.
13.2 In the event of application of TUPE Regulations during the Contract Period, the Service Provider shall comply with and shall ensure that any Sub-contractors comply with all obligations under the TUPE Regulations.
13.3 The Service Provider shall comply with all relevant legislation in relation to pension provision and protection for its staff including any Relevant Employees. The Service Provider shall ensure, and shall procure in relation to any Sub-Contractor that all its staff engaged in the provision of the Services including the Relevant Employees are offered Appropriate Pension Provision with effect from the Commencement Date or Transfer Date, as may be applicable, up to and including the end date of the Contract Period or the date of termination or any later completion of the provision of the Services
13.4 The provision of clause 13.3 shall be directly enforceable by an affected employee against the Service Provider.
13.5 Without prejudice to any other remedies under the law or the Contract, the Council shall have the right to set off against any payments due to the Contractor under this Contract or any other contract with the Council, an amount equal to any unpaid employer and employee contributions including pension contributions for which the Service Provider or any of its Sub- Contractors is responsible under the Contract.
13.6 The Service Provider shall indemnify and keep indemnified the Council from and against all direct losses suffered or incurred by it which arise from the failure by the Service Provider to comply with the provisions of this clause 13. .
TUPE AND PENSIONS. 14.1 Where applicable and if TUPE applies upon termination of this Contract (such date being termed the “Transfer Date”) for whatever reason the provisions of 14.1.1 and 14.1.2 shall have effect in respect of Transferring Employees regardless of whether legislation shall determine that TUPE applies:
14.1.1 The Provider shall or shall procure that all wages, salaries and other benefits of the Transferring Employees and other employees or former employees of the Consultant (who had been engaged in the provision of the Services) and all PAYE tax deductions and national insurance contributions relating thereto in respect of the employment of the Transferring Employees and such other employees or former employees of the Provider up to the Transfer Date are satisfied;
14.1.2 Without prejudice to Clause 14.1.1, the Provider shall:
(a) remain responsible for all the Provider employees (other than the Transferring Employees) on or after the time of expiry or termination of this Agreement and shall indemnify the Council or any new service provider appointed to provide the Services against all Losses incurred by the Council or new Provider resulting from any claim whatsoever whether arising before on or after the Transfer Date by or on behalf of any of the Provider’s employees who do not constitute the Transferring Employees;
(b) in respect of those employees who constitute Transferring Employees the Provider shall indemnify the Council, or any new service provider appointed by the Council to provide the Services against all Direct Losses incurred by the Council or new Provider resulting from any claim whatsoever by or on behalf of any of the Transferring Employees in respect of the period on or before the Transfer Date (whether any such claim, attributable to the period up to and on the Transfer Date, arises before, on or after the Transfer Date) including but not limited to any failure by the Provider to comply with its or their obligations under Regulation 10 of TUPE and/or Article 6 of the Acquired Rights Directive as if such legislation applied, even if it does not in fact apply, save to the extent that any such failure to comply arises as a result of an act or omission of the Council or the new Provider.
14.2 For the purposes of Clauses 14.1.2(a) and 14.1.2(b), Losses means all damage, losses, liabilities, claims, actions, costs, expenses (including the cost of legal or professional services, legal costs being on an agent/client, client paying basis), proceedin...
TUPE AND PENSIONS. 16.1 Unless the Customer has specified otherwise in the Order Form, parts C, D and E of Schedule 12 (TUPE & Pensions) shall apply.
TUPE AND PENSIONS. 21.1 The parties agree that the provisions of Schedule 14 (Employees) shall apply to any Relevant Transfer of staff under this agreement.
21.2 The Supplier shall comply with its obligations under sections 257 and 258 Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005.
TUPE AND PENSIONS. 33.1 The Councils and Contractor agree that, as the Contractor is the provider of the Services prior to the Transfer Date the Transfer Regulations shall not apply on the Transfer Date, and that a Relevant Transfer to the Contractor will not take place on such Date. In the event that the Transfer Regulations shall apply to the Contractor on the Transfer Date, then the Parties agree that they will treat the Transfer Regulations as applying and shall comply with all relevant obligations that would otherwise be applicable under the Transfer Regulations had there been a transfer pursuant to such regulations.
33.2 As a consequence of Clause 33.1, and in accordance with the Transfer Regulations, the contracts of employment of all Council Employees shall (subject to regulation 4(7) and 4(9) of the Transfer Regulations) have effect after the Transfer Date as if originally made between those employees and the Contractor except insofar as such contracts relate to those parts of an occupational pension scheme relating to old age, invalidity and survivors benefits.
33.3 The Contractor shall recognise the Trade Unions representing Existing Employees on and after the Transfer Date.
33.4 The Contractor agrees that it will not make any changes to the terms and conditions including for the avoidance of doubt any policies or parts thereof which have contractual effect of any Existing Employees at any time without having followed a collective bargaining procedure with the Trade Unions to consider such changes and with a view to agreeing them with the Trade Unions, but the parties agree that, if an agreement is not reached after all reasonable efforts of the Contractor under any such procedure, the Contractor may make any such changes by following a process in accordance with the contractual rights of the Existing Employees.
33.5 The Contractor agrees to recognise and implement national pay awards set by the National Joint Council for Local Government Services collective bargaining arrangements in respect of the Existing Employees for the duration of this Agreement.
TUPE AND PENSIONS. 6.1 The provisions of Schedule 9 shall apply in relation to the Employees and the parties shall observe and perform their respective obligations set out in that Schedule.
TUPE AND PENSIONS. The Councils warrant to the Contractor that on the Effective Date there will be no employees of the Councils affected by TUPE in relation to the Project or this Agreement.
