Common use of TUPE Clause in Contracts

TUPE. 27.1 The Supplier recognises that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply in respect of the Contract, and that for the purposes of those Regulations, the undertaking concerned (or any relevant part of the undertaking) shall (a) transfer to the Supplier on the commencement of the Contract; (b) transfer to another supplier on the expiry of the Contract. 27.2 During the period of six months preceding the expiry of the Contract or after the Purchaser has given notice to terminate the Contract or the Supplier stops trading, and within 20 working days of being so requested by the Purchaser, the Supplier shall fully and accurately disclose to the Purchaser or to any person nominated by the Purchaser information relating to employees engaged in providing the Services in relation to the Contract in particular, but not necessarily restricted to, the following: (a) the total number of personnel whose employment with the Supplier is liable to be terminated at the expiry of this Contract but for any operation of law; and (b) for each person, age and gender, details of their salary, date of commencement of continuous employment and pay settlements covering that person which relate to future dates but which have already been agreed and their redundancy entitlements (the names of individual members of staff do not have to be given); and (c) information about the other terms and conditions on which the affected staff are employed, or about where that information can be found; and (d) details of pensions entitlements, if any. 27.3 The Supplier shall permit the Purchaser to use the information for the purposes of TUPE and of re-tendering, which shall include such disclosure to potential suppliers as the Purchaser considers appropriate in connection with any re-tendering. The Supplier will co- operate with the re-tendering of the contract by allowing the transferee to communicate with and meet the affected employees and/or their representatives. 27.4 The Supplier agrees to indemnify the Purchaser fully and to hold it harmless at all times from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities whatsoever in any way connected with or arising from or relating to the provision or disclosure of information permitted under this Condition. 27.5 In the event that the information provided by the Supplier in accordance with this Condition becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information or by reason of the Supplier becoming aware that the information originally given was inaccurate, the Supplier shall notify the Purchaser of the inaccuracies and provide the amended information. The Supplier shall be liable for any increase in costs the Purchaser may incur as a result of the inaccurate or late production of data. 27.6 The provisions of this Condition 27 shall apply during the continuance of this Contract and after its termination howsoever arising.

TUPE. 27.1 The Supplier recognises Parties recognise that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) may apply in respect of the Contract, and that for the purposes of those Regulations, the undertaking concerned (or any relevant part of the undertaking) shall may (a) transfer to the Supplier on the commencement of the Contract; (b) transfer to the Purchaser or to another supplier on the termination or expiry of the ContractContract (a “New Supplier”). 27.2 During the period of six months preceding the expiry of the Contract or after the Purchaser has given notice to terminate the Contract or the Supplier stops trading, and within 20 working days of being so requested by the Purchaser, the Supplier shall fully and accurately disclose to the Purchaser or to any person nominated by the Purchaser information relating to employees engaged in providing the Services in relation to the Contract in particular, but not necessarily restricted to, the following: (a) the total number of personnel whose employment with the Supplier is liable to be terminated at the expiry of this Contract but for any operation of law; and (b) for each person, age and gender, details of their salary, date of commencement of continuous employment and pay settlements covering that person which relate to future dates dates, but which have already been agreed and their redundancy entitlements (the names of individual members of staff do not have to be given); and (c) information about the other terms and conditions on which the affected staff are employed, or about where that information can be found; and (d) details of pensions entitlements, if any. 27.3 The Supplier shall permit the Purchaser to use the information disclosed under Condition 27.2 for the purposes of TUPE and of re-tendering, which shall include such disclosure to potential suppliers as the Purchaser considers appropriate in connection with any re-tendering. The Supplier will co- co-operate with the re-tendering of the contract by allowing the transferee to communicate with and meet the affected employees and/or their representatives. 27.4 The Supplier agrees to indemnify the Purchaser fully and to hold it harmless at all times from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities whatsoever in any way connected with or arising from or relating to the provision or disclosure of information permitted under this Condition. 27.5 In the event that the information provided by the Supplier in accordance with this Condition becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information or by reason of the Supplier becoming aware that the information originally given was inaccurate, the Supplier shall notify the Purchaser of the inaccuracies and provide the amended information. The Supplier shall be liable for any increase in costs the Purchaser may incur as a result of the inaccurate or late production of data. 27.6 The Supplier will indemnify and keep indemnified the Purchaser (for the benefit of the Purchaser and any New Supplier) against all losses, liabilities, claims, demands, proceedings, costs or expenses which the Purchaser or any New Supplier may suffer or incur resulting from the transfer under TUPE to the Purchaser or a New Supplier (as the case may be) of any liability relating to a claim or demand made by, on behalf of or in respect of any person employed by the Supplier or any sub-contractor of the Supplier and engaged in providing the Services (a “Transferred Employee”) and which relates to circumstances or events occurring or arising on or before the relevant transfer including without limitation any losses arising in connection with the Supplier or its subcontractors employing or ending the employment of any Transferred Employee, or in connection with the Purchaser or any New Supplier ending, or being alleged to have ended, the employment of any of any Transferred Employee. The Supplier will, and will procure that its subcontractors will, at the request of the Purchaser, enter into a deed of indemnity with any New Supplier to give such New Supplier the same protection the Purchaser has under this Condition 27.6. 27.7 The provisions of this Condition 27 shall apply during the continuance of this Contract and after its termination howsoever arising.

TUPE. 27.1 The Supplier recognises that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply in respect of the Contract, and that for the purposes of those Regulations, the undertaking concerned (or any relevant part of the undertaking) shall shall: (a) transfer to the Supplier on the commencement of the Contract; ; (b) transfer to another supplier on the expiry of the Contract. 27.2 During the period of six months preceding the expiry of the Contract Contract, or after the Purchaser has given notice to terminate the Contract or the Supplier stops trading, and within 20 working days of being so requested by the Purchaser, the Supplier shall fully and accurately disclose to the Purchaser Purchaser, or to any person nominated by the Purchaser Purchaser, information relating to employees engaged in providing the Services in relation to the Contract in particular, but not necessarily restricted to, the following: (a) the total number of personnel whose employment with the Supplier is liable to be terminated at the expiry of this Contract but for any operation of law; and; (b) for each person, their age and gendersex, details of their salary, date of commencement of continuous employment and pay settlements covering that person which relate to future dates but which have already been agreed agreed, and their redundancy entitlements (the names of individual members of staff do not have to be given); and; (c) information about the other terms and conditions on which the affected staff are employed, or about where that information can be found; and (d) details of pensions entitlements, if any. 27.3 The Supplier shall permit the Purchaser to use the information for the purposes of TUPE and of re-tendering, which shall include such disclosure to potential suppliers as the Purchaser considers appropriate in connection with any re-tendering. The Supplier will co- operate cooperate with the re-tendering of the contract by allowing the transferee to communicate with and meet the affected employees and/or their representatives. 27.4 The Supplier agrees to indemnify the Purchaser fully and to hold it harmless at all times from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities whatsoever in any way connected with with, or arising from or relating to to, the provision or disclosure of information permitted under this Condition. 27.5 In the event that the information provided by the Supplier in accordance with this Condition becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information information, or by reason of the Supplier becoming aware that the information originally given was inaccurate, the Supplier shall notify the Purchaser of the inaccuracies and provide the amended information. The Supplier shall be liable for any increase in costs the Purchaser may incur as a result of the inaccurate or late production of data. 27.6 The provisions of this this, Condition 27 27, shall apply during the continuance of this Contract and after its termination howsoever arising.

TUPE. 27.1 The Supplier recognises Parties recognise that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) may apply in respect of the Contract, and that for the purposes of those Regulations, the undertaking concerned (or any relevant part of the undertaking) shall may (a) transfer to the Supplier on the commencement of the Contract; (b) transfer to the Purchaser or to another supplier on the termination or expiry of the ContractContract (a “New Supplier”). 27.2 During the period of six months preceding the expiry of the Contract or after the Purchaser has given notice to terminate the Contract or the Supplier stops trading, and within 20 working days of being so requested by the Purchaser, the Supplier shall fully and accurately disclose to the Purchaser or to any person nominated by the Purchaser information relating to employees engaged in providing the Services in relation to the Contract in particular, but not necessarily restricted to, the following: (a) the total number of personnel whose employment with the Supplier is liable to be terminated at the expiry of this Contract but for any operation of law; and (b) for each person, age and gender, details of their salary, date of commencement of continuous employment and pay settlements covering that person which relate to future dates but which have already been agreed and their redundancy entitlements (the names of individual members of staff do not have to be given); and (c) information about the other terms and conditions on which the affected staff are employed, or about where that information can be found; and (d) details of pensions entitlements, if any. 27.3 The Supplier shall permit the Purchaser to use the information disclosed under Condition 27.2 for the purposes of TUPE and of re-tendering, which shall include such disclosure to potential suppliers as the Purchaser considers appropriate in connection with any re-tendering. The Supplier will co- co-operate with the re-tendering of the contract by allowing the transferee to communicate with and meet the affected employees and/or their representatives. 27.4 The Supplier agrees to indemnify the Purchaser fully and to hold it harmless at all times from and against all actions, proceedings, claims, expenses, awards, costs and all other liabilities whatsoever in any way connected with or arising from or relating to the provision or disclosure of information permitted under this Condition. 27.5 In the event that the information provided by the Supplier in accordance with this Condition becomes inaccurate, whether due to changes to the employment and personnel details of the affected employees made subsequent to the original provision of such information or by reason of the Supplier becoming aware that the information originally given was inaccurate, the Supplier shall notify the Purchaser of the inaccuracies and provide the amended information. The Supplier shall be liable for any increase in costs the Purchaser may incur as a result of the inaccurate or late production of data. 27.6 The Supplier will indemnify and keep indemnified the Purchaser (for the benefit of the Purchaser and any New Supplier) against all losses, liabilities, claims, demands, proceedings, costs or expenses which the Purchaser or any New Supplier may suffer or incur resulting from the transfer under TUPE to the Purchaser or a New Supplier (as the case may be) of any liability relating to a claim or demand made by, on behalf of or in respect of any person employed by the Supplier or any sub-contractor of the Supplier and engaged in providing the Services (a “Transferred Employee”) and which relates to circumstances or events occurring or arising on or before the relevant transfer including without limitation any losses arising in connection with the Supplier or its subcontractors employing or ending the employment of any Transferred Employee, or in connection with the Purchaser or any New Supplier ending, or being alleged to have ended, the employment of any of any Transferred Employee. The Supplier will, and will procure that its subcontractors will, at the request of the Purchaser, enter into a deed of indemnity with any New Supplier to give such New Supplier the same protection the Purchaser has under this Condition 27.6. 27.7 The provisions of this Condition 27 shall apply during the continuance of this Contract and after its termination howsoever arising.