TUPE on Exit Sample Clauses

TUPE on Exit. The Authority and the Supplier shall comply with the provisions of Parts 1 and 3 of Schedule 9 (TUPE and Pensions).

TUPE on Exit. 15.1 The parties acknowledge and agree that where the Services cease to be provided by WDC for any reason and where the Services return to BDC there may be a Relevant Transfer for the purposes of TUPE. If there is such a transfer, the employment of the Returning Employees shall transfer to BDC in accordance with TUPE with effect from the Subsequent Transfer Date. 15.2 Any posts recruited to meet the Services are subject to ‘Organised grouping of employees’ classification within TUPE. Following termination of this agreement (for whatever reason), the organised grouping of employees directly employed to provide the Services will be protected and subject to a Relevant Transfer to BDC. 15.3 Save where the parties reasonably believe that there will be no Relevant Transfer, the parties shall co-operate in agreeing the Returning Employees prior to the Subsequent Transfer Date, and shall co-operate in seeking to ensure the orderly transfer of the Returning Employees to BDC. 15.4 If TUPE applies to transfer the employment of any person employed by WDC to BDC then if BDC shall serve a notice terminating the employment of such person within after the date of such transfer, BDC shall indemnify WDC in respect of any statutory or contractual redundancy payment payable in respect of such person, and any compensation or damages which BDC is obliged to pay to such person for unfair and/or wrongful dismissal or as a reasonable settlement of a claim for such compensation or damages. 15.5 The parties agree that the provisions of Schedule 1 shall apply to any Relevant Transfer of staff under this agreement.

TUPE on Exit. If TUPE is applicable when a SOW comes to an end (either by expiry or termination), the provisions of Schedule [4] shall apply. [NOTE: Consider whether TUPE is relevant to the Services, and whether TUPE may also apply on entry into the Services (in addition to Exit). If TUPE applies on entry, additional provisions may need to be considered.]

TUPE on Exit. 3.1. The Parties do not anticipate that any person will transfer from CloudRock or any of its sub-contractors to the Client pursuant to TUPE as a result of the termination or expiry of any of the Services. Accordingly, CloudRock shall indemnify and keep indemnified the Client against all costs, claims, liabilities and expenses (including reasonable legal expenses) incurred by the Client and/or any third party that provides any of the Services in place of CloudRock (a “New Supplier”) in connection with or as a result of any claim by any such person that they have transferred to the Client or any New Supplier including in relation to: (i) any claim or demand by any person or a trade union or other body or person representing such person (whether in contract, tort, under statute) by any person who was employed by CloudRock or any of its sub-contractors arising from any act, fault or omission of CloudRock or any of its sub-contractors on or before the date on which such person claims to have transferred, or (ii) any failure by CloudRock to comply with its legal obligations in relation to any transfer of any person from CloudRock or any of its sub-contractors pursuant to TUPE. 3.2. In the event of any transfer pursuant to TUPE of the employment of any person employed by CloudRock to the Client or any New Supplier then if the Client or such New Supplier serves a notice terminating the employment of such person within six months after the date of such transfer, CloudRock shall indemnify and keep indemnified the Client (for itself and a New Supplier) in respect of any costs, claims, liabilities and expenses (including reasonable legal expenses) arising out of such termination, including any amounts payable in respect of such person (including any statutory or contractual redundancy payment) and any compensation or damages which the Client or any New Supplier is obliged to pay to such person for unfair and/or wrongful dismissal or settlement of a claim for such compensation or damages. 3.3. References in this clause to “the Services” shall where applicable be read as a reference to the relevant part of the Services which are the subject of such termination or expiry.