WHAT WILL THE COUNCIL'S TENDER DOCUMENTS SAY ABOUT TUPE Sample Clauses

WHAT WILL THE COUNCIL'S TENDER DOCUMENTS SAY ABOUT TUPE. In those cases where employees are affected by a TUPE transfer, the Council's tender documents inviting bids will specifically inform bidders of the Council's intentions that employees will transfer and that TUPE is to apply either at law or on a voluntary basis. Bidders will also be informed that should they submit bids on a non-TUPE basis, such bids will only be accepted if they can demonstrate that there are "genuinely exceptional" circumstances why employees should not transfer. All bids received will be considered but in the event of a non-TUPE bid, bidders will be requested to provide reasons and reminded that if they are of the view that employees should not transfer, and they cannot demonstrate "genuinely exceptional" circumstances, the Council reserves the right not to accept their bid. The tender documents will also set out the contractor’s obligations in respect of transferred employees and newly recruited employees working alongside on the Council’s works/services as comply with the TUPE Regulations and the Codes of Practice. The Council’s tender documents will also reserve the right to reject bids where the Council is not satisfied with arrangements proposed by bidders in relation to these matters.
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