Common use of DISCRIMINATION AND EQUALITY Clause in Contracts

DISCRIMINATION AND EQUALITY. The SERVICE PROVIDER shall not, and shall procure that the SERVICE PROVIDER Personnel and Sub-Contractors comply withdo not, unlawfully discriminate within the meaning and scope of the provisions of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Age) Regulations 2006Equality Act 2010 or any statutory modification or re-enactment thereof or any other Law relating to discrimination in employment. The SERVICE PROVIDER shall ,and shall procure that the SERVICE PROVIDER Personnel and its Sub-Contractors shall, operate in a manner and co-operate with eachthe CUSTOMER so as to allow eachthe CUSTOMER to comply with its statutory public sector equality duties which means any legislation in relation to the promotion of equality on the grounds of sex, sexual orientation, race, colour, ethnic or national origin, disability, religion or belief or age. The SERVICE PROVIDER shall, and shall procure that the SERVICE PROVIDER Personnel and its Sub-Contractors, comply with eachthe CUSTOMER’s equality and diversity policy as may be amended from time to time, copies of which will be provided by eachthe CUSTOMER to the SERVICE PROVIDER at the SERVICE PROVIDER’s written request. TUPE (For Contracts where TUPE is not intended to apply at commencement) The SoS, each LAThe CUSTOMER and the SERVICE PROVIDER agree that the commencement of the provision of the Ordered Software Application Solutions by the SERVICE PROVIDER under this Contract and the relevant Access Agreement will not be a "“relevant transfer"” to which TUPE will apply in relation to any employees of the SoS or of any LA Customer. In the circumstances, eachthe CUSTOMER and the SERVICE PROVIDER agree that no employees of thatthe CUSTOMER will transfer to the SERVICE PROVIDER by virtue of the operation of TUPE or the Acquired Rights Directive. If any employee of anythe CUSTOMER claims or it is determined that his contract of employment has been transferred from the CUSTOMER to the SERVICE PROVIDER pursuant to TUPE or the Acquired Rights Directive then: The SERVICE PROVIDER will, within seven (7) Days of becoming aware of that fact, give notice in writing to the relevant CUSTOMER. The relevant CUSTOMER may offer employment to such person within twenty one (21) Days of the notification by the SERVICE PROVIDER or take such other steps as it considers appropriate to deal with the matter. If such offer is accepted (or if the situation has otherwise been resolved by the relevant CUSTOMER), the SERVICE PROVIDER shall immediately release the person from his employment. If after the twenty one (21) Day period has elapsed, no such offer of employment has been made or such offer has been made but not accepted, or the situation has not otherwise been resolved, the SERVICE PROVIDER may within seven (7) Days give notice to terminate the employment of such person. Subject to Clause 27.3 and subject to the SERVICE PROVIDER acting in this way or in such other way as may be agreed between the relevant CUSTOMER and the SERVICE PROVIDER, the relevant CUSTOMER will indemnify the SERVICE PROVIDER against all Employee Liabilities arising out of such termination. If such person is neither re‑employed by the relevant CUSTOMER nor dismissed by the SERVICE PROVIDER within the time scales set out in this Clause 27.2 such person will be treated as having transferred to the SERVICE PROVIDER by virtue of the operation of TUPE and the SERVICE PROVIDER shall comply with such obligations as may be imposed upon it under TUPE or otherwise by Law. The indemnity in Clause 27.2.5 shall only apply where the notification referred to in Clause 27.2.1 is made by the SERVICE PROVIDER to the relevant CUSTOMER within six (6) months of the Service Commencement Date.

DISCRIMINATION AND EQUALITY. The SERVICE PROVIDER shall not, and shall procure that the SERVICE PROVIDER Personnel and Sub-Contractors comply withdo do not, unlawfully discriminate within the meaning and scope of the provisions of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Age) Regulations 2006Equality Act 2010 2006 or any statutory modification or re-enactment thereof or any other Law relating to discrimination in employment. The SERVICE PROVIDER shall ,and shall procure that the SERVICE PROVIDER Personnel and its Sub-Contractors shall, operate in a manner and co-operate with eachthe the CUSTOMER so as to allow eachthe the CUSTOMER to comply with its statutory public sector equality duties which means any legislation in relation to the promotion of equality on the grounds of sex, sexual orientation, race, colour, ethnic or national origin, disability, religion or belief or age. The SERVICE PROVIDER shall, and shall procure that the SERVICE PROVIDER Personnel and its Sub-Contractors, comply with eachthe the CUSTOMER’s equality and diversity policy as may be amended from time to time, copies of which will be provided by eachthe the CUSTOMER to the SERVICE PROVIDER at the SERVICE PROVIDER’s written request. TUPE (For Contracts where TUPE is not intended to apply at commencement) The SoS, each LAThe CUSTOMER and the SERVICE PROVIDER agree that the commencement of the provision of the Ordered Software Application Solutions by the SERVICE PROVIDER under this Contract and the relevant Access Agreement will not be a "“relevant transfer"” " to which TUPE will apply in relation to any employees of the SoS or of any LA CustomerCUSTOMER. In the circumstances, eachthe the CUSTOMER and the SERVICE PROVIDER agree that no employees of thatthe the CUSTOMER will transfer to the SERVICE PROVIDER by virtue of the operation of TUPE or the Acquired Rights Directive. If any employee of anythe the CUSTOMER claims or it is determined that his contract of employment has been transferred from the CUSTOMER to the SERVICE PROVIDER pursuant to TUPE or the Acquired Rights Directive then: The SERVICE PROVIDER will, within seven (7) Days of becoming aware of that fact, give notice in writing to the relevant CUSTOMER. The relevant CUSTOMER may offer employment to such person within twenty one (21) Days of the notification by the SERVICE PROVIDER or take such other steps as it considers appropriate to deal with the matter. If such offer is accepted (or if the situation has otherwise been resolved by the relevant CUSTOMER), the SERVICE PROVIDER shall immediately release the person from his employment. If after the twenty one (21) Day period has elapsed, no such offer of employment has been made or such offer has been made but not accepted, or the situation has not otherwise been resolved, the SERVICE PROVIDER may within seven (7) Days give notice to terminate the employment of such person. Subject to Clause 27.3 28.3 and subject to the SERVICE PROVIDER acting in this way or in such other way as may be agreed between the relevant CUSTOMER and the SERVICE PROVIDER, the relevant CUSTOMER will indemnify the SERVICE PROVIDER against all Employee Liabilities arising out of such termination. If such person is neither re‑employed by the relevant CUSTOMER nor dismissed by the SERVICE PROVIDER within the time scales set out in this Clause 27.2 28.2 such person will be treated as having transferred to the SERVICE PROVIDER by virtue of the operation of TUPE and the SERVICE PROVIDER shall comply with such obligations as may be imposed upon it under TUPE or otherwise by Law. The indemnity in Clause 27.2.5 28.2.5 shall only apply where the notification referred to in Clause 27.2.1 28.2.1 is made by the SERVICE PROVIDER to the relevant CUSTOMER within six (6) months of the Service Commencement Date.

DISCRIMINATION AND EQUALITY. The SERVICE PROVIDER shall not, and shall procure that the SERVICE PROVIDER Personnel and Sub-Contractors comply withdo do not, unlawfully discriminate within the meaning and scope of the provisions of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Age) Regulations 2006Equality Act 2010 2006 or any statutory modification or re-enactment thereof or any other Law relating to discrimination in employment. The SERVICE PROVIDER shall ,shall, and shall procure that the SERVICE PROVIDER Personnel and its Sub-Contractors shall, operate in a manner and co-operate with eachthe the CUSTOMER so as to allow eachthe the CUSTOMER to comply with its statutory public sector equality duties which means any legislation in relation to the promotion of equality on the grounds of sex, sexual orientation, race, colour, ethnic or national origin, disability, religion or belief or age. The SERVICE PROVIDER shall, and shall procure that the SERVICE PROVIDER Personnel and its Sub-Contractors, comply with eachthe the CUSTOMER’s equality and diversity policy as may be amended from time to time, copies of which will be provided by eachthe the CUSTOMER to the SERVICE PROVIDER at the SERVICE PROVIDER’s written request. TUPE (For Contracts where TUPE is not intended to apply at commencement) The SoS, each LAThe CUSTOMER and the SERVICE PROVIDER agree that the commencement of the provision of the Ordered Software Application Solutions by the SERVICE PROVIDER under this Contract and the relevant Access Agreement will not be a "“relevant transfer"” " to which TUPE will apply in relation to any employees of the SoS or of any LA Customer. In the circumstances, eachthe the CUSTOMER and the SERVICE PROVIDER agree that no employees of thatthe the CUSTOMER will transfer to the SERVICE PROVIDER by virtue of the operation of TUPE or the Acquired Rights Directive. If any employee of anythe the CUSTOMER claims or it is determined that his contract of employment has been transferred from the CUSTOMER to the SERVICE PROVIDER pursuant to TUPE or the Acquired Rights Directive then: The SERVICE PROVIDER will, within seven (7) Days of becoming aware of that fact, give notice in writing to the relevant CUSTOMER. The relevant CUSTOMER may offer employment to such person within twenty one (21) Days of the notification by the SERVICE PROVIDER or take such other steps as it considers appropriate to deal with the matter. If such offer is accepted (or if the situation has otherwise been resolved by the relevant CUSTOMER), the SERVICE PROVIDER shall immediately release the person from his employment. If after the twenty one (21) Day period has elapsed, no such offer of employment has been made or such offer has been made but not accepted, or the situation has not otherwise been resolved, the SERVICE PROVIDER may within seven (7) Days give notice to terminate the employment of such person. Subject to Clause 27.3 28.3 and subject to the SERVICE PROVIDER acting in this way or in such other way as may be agreed between the relevant CUSTOMER and the SERVICE PROVIDER, the relevant CUSTOMER will indemnify the SERVICE PROVIDER against all Employee Liabilities arising out of such termination. If such person is neither re‑employed by the relevant CUSTOMER nor dismissed by the SERVICE PROVIDER within the time scales set out in this Clause 27.2 28.2 such person will be treated as having transferred to the SERVICE PROVIDER by virtue of the operation of TUPE and the SERVICE PROVIDER shall comply with such obligations as may be imposed upon it under TUPE or otherwise by Law. The indemnity in Clause 27.2.5 28.2.5 shall only apply where the notification referred to in Clause 27.2.1 28.2.1 is made by the SERVICE PROVIDER to the relevant CUSTOMER within six (6) months of the Service Commencement Date.