Fair Deal Employee definition

Fair Deal Employee means (a) the Transferring Customer Employees and (b) those Former Supplier Employees whose period of continuous employment commenced with and who originally transferred from employment with central or local government or a public sector employer pursuant to a Relevant Transfer under TUPE (or the predecessor legislation to TUPE), and who remain in employment relating to the provision of services to which that Relevant Transfer applied;

Fair Deal Employee means (a) the Transferring Customer Employees and (b) those Former Supplier Employees whose period of continuous employment commenced with and who originally transferred from employment with central or local government or a public sector employer pursuant to a Relevant Transfer under TUPE (or the predecessor legislation to TUPE), and who remain in employment relating to the provision of services to which that Relevant Transfer applied;]

Fair Deal Employee means (a) the Transferring Customer Employees and (b)

Examples of Fair Deal Employee in a sentence

• The Supplier shall use all reasonable endeavours to procure that Transfer Option Two is sent to each Second Generation Fair Deal Employee no later than ten (10) Working Days following the receipt by the Supplier or the Supplier’s Actuary, as appropriate, of all such information and documentation as is relevant in relation to the description of the Transfer Option Two.

• The Supplier shall procure that each Second Generation Fair Deal Employee who takes up Transfer Option Two is granted his Pension Service Credit as soon as reasonably practicable following receipt of the Transfer Amount Two [*** and, where relevant, Top Up Two, if any, ***] in accordance with paragraph[s] 12 [*** and 14 respectively ***] of this schedule.

• The Customer shall procure that each Second Generation Fair Deal Employee is informed of this right and of the manner of exercise of this right (by way of written notice to the Supplier on or before the Commencement Date) at least five (5) Working Days before the Commencement Date.

• The Contractor undertakes to procure that with effect on and from each Relevant Vesting Date any Fair Deal Employees and Previous Contractor Transferring Employees are provided with private health insurance and death benefits at the level to which they are entitled by virtue of the operation of TUPE (or such other level as is agreed between the Contractor and any Fair Deal Employee, if permitted by law).

• For the purpose of this provision, the term "wholly or mainly" applies to a Fair Deal Employee who devotes at least fifty-one percent (51%) of his or her working time in relation to the provision of the services under the Contract.

• Subject to paragraph 9.2 of this schedule, the Supplier shall procure that each Second Generation Fair Deal Employee is automatically admitted to the Supplier’s Scheme as an active member with effect on and from the Commencement Date.

• This paragraph 14 applies where the Customer has notified the Supplier that it will pay any shortfall between Transfer Amount Two and the amount required by the trustees of the Supplier’s Scheme to fund the Pension Service Credit in the Supplier’s Scheme in respect of each Second Generation Fair Deal Employee who takes up Transfer Option Two.

• The Customer shall procure that each Second Generation Fair Deal Employee is informed of such automatic admission at least five (5) Working Days before the Commencement Date.

• Each Second Generation Fair Deal Employee has the right to opt out of automatic admission to the Supplier’s Scheme.

• The Supplier shall procure that each Second Generation Fair Deal Employee who takes up Transfer Option Two is granted his Pension Service Credit as soon as reasonably practicable following receipt of the Transfer Amount Two and, where relevant, Top Up Two, if any, in accordance with paragraphs 12 and 14 respectively of this Appendix 1.

More Definitions of Fair Deal Employee

Fair Deal Employee means (a) the Transferring Customer Employees and (b) those Former Supplier Employees whose period of continuous employment commenced with and who originally transferred from employment with central or local government or a public sector employer pursuant to a Relevant Transfer under TUPE (or the predecessor legislation to TUPE), and who remain in employment relating to the provision of services to which that Relevant Transfer applied; "FOIA" means the Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation; "Force Majeure" means any event, occurrence or cause affecting the performance by either the Customer or the Supplier of its obligations arising from: a) acts, events, omissions, happenings or non-happenings beyond the reasonable control of the Affected Party; b) riots, war or armed conflict, acts of terrorism, nuclear, biological or chemical warfare; c) acts of government, local government or Regulatory Bodies; d) fire, flood or any disaster; e) an industrial dispute affecting a third party for which a substitute third party is not reasonably available but excluding: any industrial dispute relating to the Supplier, the Supplier’s Staff or any other failure in the Supplier or the Sub-Contractor's supply chain; and any event or occurrence which is attributable to the wilful act, neglect or failure to take reasonable precautions against the event or occurrence by the Party concerned; “Former Supplier” means the person providing services to the Customer which are similar or the same as the Goods and Services and who is being replaced by the Supplier; “Framework” means the framework arrangements established by the Authority for the provision of agency nursing and social care workers to Contracting Bodies by Framework Suppliers;

Fair Deal Employee means any Employee that transfers to the Service Provider or a sub-contractor of the Service Provider, from either the Trust or an incumbent contractor (as applicable), pursuant to TUPE, and at the Commencement Date is entitled to the protection of the Statement and/or the Annex (as defined in Clause 29);

Fair Deal Employee means: (a) the Transferring Customer Employees; and(b) those Former Supplier Employees whose period of continuous employment commenced with and who originally transferred from employment with central or local government or a public sector employer pursuant to a Relevant Transfer under TUPE (or the predecessor legislation to TUPE), and who remain in employment relating to the provision of services to which that Relevant Transfer applied;“Finance Services”means the services listed as finance services in schedule 1 of the Framework Agreement;“FOIA”means the Freedom of Information Act 2000 and any subordinate legislation made under that Act from time to time together with any guidance and/or codes of practice issued by the Information Commissioner or relevant government department in relation to such legislation;“Force Majeure”means any event or occurrence which is outside the reasonable control of the Party concerned including fire; flood; violent storm; pestilence; explosion; malicious damage; armed conflict; acts of terrorism; nuclear, biological or chemical warfare; or any other disaster, natural or man-made, but excluding: (a) any industrial action occurring within the Supplier’s or any Sub-contractor’s organisation; (b) the failure by any Sub-contractor to perform its obligations under any Sub-contract; and (c) any event or occurrence which is attributable to the wilful act, neglect or failure to take reasonable precautions against the event or occurrence by the Party concerned;“Former Supplier”means the party providing services to the Customer similar or the same as the Services and which is being replaced by the Supplier;“Former Supplier Employees”means those employees of the Former Supplier and in respect of whom written notification has been given by the Customer to the Supplier before the Relevant Transfer Date;“Framework Agreement”means the framework agreement between the Authority and the Supplier referred to in the Order Form;“Fraud”means any offence under any Laws creating offences in respect of fraudulent acts or in relation to the Misrepresentation Act 1967 or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud a Contracting Authority or the Customer;“General Principles”has the meaning set out in paragraph 1.2.1 of Schedule 5 (Disaster Recovery and Business Continuity);