Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either after notice (for whatever reason) is given, in accordance with the other provisions of this Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER The Customer and the Supplier agree that the commencement of the provision of the Services or of any part of the Services will not be a Relevant Transfer in relation to any employees of the Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier claims, or it is determined in relation to any employee of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Customer and/or the Former Supplier to the Supplier and/or any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employment.
Appears in 3 contracts
Samples: assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk, assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this Call Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF B TRANSFERRING FORMER SUPPLIER EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER RELEVANT TRANSFERS The Customer and the Supplier agree that that: the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees the Transferring Former Supplier Employees; and as a result of the Customer and/or any Former Supplier. If any employee operation of the Customer and/or a Employment Regulations, the contracts of employment between each Former Supplier claims, or it is determined and the Transferring Former Supplier Employees (except in relation to any employee terms disapplied through the operation of regulation 10(2) of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred Employment Regulations) shall have effect on and from the Customer and/or the Former Supplier to Relevant Transfer Date as if originally made between the Supplier and/or any Notified Sub-Contractor pursuant to contractor and each such Transferring Former Supplier Employee. The Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the Acquired Rights Directive then: period up to (but not including) the Relevant Transfer Date) and the Supplier shallshall make, and the Customer shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the each Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days makes, any necessary apportionments in respect of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employmentany periodic payments.
Appears in 3 contracts
Samples: www.contractsfinder.service.gov.uk, assets.crowncommercial.gov.uk, data.gov.uk
Subsequent Transfers. The Supplier Consultant shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; and provide all such co-operation and assistance as the Schemes and the Replacement Supplier Consultant and/or the Customer Employer may reasonably require to enable the Replacement Supplier Consultant to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and and. for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this Contractcontract, to terminate the Agreement contract or any part of the Servicesservice; or after the date which is two (2) years prior to the date of expiry of this Contractcontract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier Contract or the CustomerEmployer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer Employer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF THE PROVISION OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER Procedure in the Event of Transfer The Customer Employer and the Supplier Consultant agree that the commencement of the provision of the Services service or of any part of the Services service will not be a Relevant Transfer in relation to any employees of the Customer Employer and/or any Former SupplierConsultant. If any employee of the Customer Employer and/or a Former Supplier Consultant claims, or it is determined in relation to any employee of the Customer Employer and/or a Former SupplierConsultant, that his/her contract of employment has been transferred from the Customer Employer and/or the Former Supplier Consultant to the Supplier Consultant and/or any Sub-Contractor Consultant pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier Consultant shall, and shall procure that the relevant Sub-Contractor Consultant shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer Employer and, where required by the CustomerEmployer, give notice to the Former SupplierConsultant; and the Customer Employer and/or the Former Supplier Consultant may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier Consultant or the Sub-Contractor Consultant (as appropriate) or take such other reasonable steps as the Customer Employer or Former Supplier Consultant (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Lawthe law of the contract. If an offer referred to in Paragraph 1.2.2 paragraph 28.2.2 of Part C of this Annex G is accepted (or if the situation has otherwise been resolved by the Customer Employer and/or the Former SupplierConsultant), the Supplier Consultant shall, or shall procure that the Sub-Contractor Consultant shall, immediately release the person from his/her employment or alleged employment. If by the end of the fifteen (15) Working Day period specified in paragraph 28.2.2 no such offer of employment has been made; such offer has been made but not accepted; or the situation has not otherwise been resolved, the Consultant and/or the Sub-Consultant may within five (5) Working Days give notice to terminate the employment or alleged employment of such person.
Appears in 1 contract
Samples: Project Management And
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this Call-Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call-Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF B TRANSFERRING FORMER SUPPLIER EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER RELEVANT TRANSFERS The Customer and the Supplier agree that that: the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees the Transferring Former Supplier Employees; and as a result of the Customer and/or any Former Supplier. If any employee operation of the Customer and/or a Employment Regulations, the contracts of employment between each Former Supplier claims, or it is determined and the Transferring Former Supplier Employees (except in relation to any employee terms disapplied through the operation of regulation 10(2) of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred Employment Regulations) shall have effect on and from the Customer and/or the Former Supplier to Relevant Transfer Date as if originally made between the Supplier and/or any Notified Sub-Contractor pursuant to and each such Transferring Former Supplier Employee. The Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the Acquired Rights Directive then: period up to (but not including) the Relevant Transfer Date) and the Supplier shallshall make, and the Customer shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the each Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days makes, any necessary apportionments in respect of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employmentany periodic payments.
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either after notice (for whatever reason) is given, in accordance with the other provisions of this Call-Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call-Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER The Customer and the Supplier agree that the commencement of the provision of the Services or of any part of the Services will not be a Relevant Transfer in relation to any employees of the Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier claims, or it is determined in relation to any employee of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Customer and/or the Former Supplier to the Supplier and/or any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and shall procure that the relevant Sub-Contractor shall, within five (5) 5 Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) 15 Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employment. If by the end of the 15 Working Day period specified in Paragraph 1.2.2: no such offer of employment has been made; such offer has been made but not accepted; or the situation has not otherwise been resolved, the Supplier and/or the Sub-Contractor may within 5 Working Days give notice to terminate the employment or alleged employment of such person.
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either after notice (for whatever reason) is given, in accordance with the other provisions of this ContractContract , to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this ContractContract , ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER The Customer and the Supplier agree that the commencement of the provision of the Services or of any part of the Services will not be a Relevant Transfer in relation to any employees of the Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier claims, or it is determined in relation to any employee of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Customer and/or the Former Supplier to the Supplier and/or any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employment.
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this Call Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF B TRANSFERRING FORMER SUPPLIER EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER RELEVANT TRANSFERS The Customer and the Supplier agree that that: the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees the Transferring Former Supplier Employees; and as a result of the Customer and/or any Former Supplier. If any employee operation of the Customer and/or a Employment Regulations, the contracts of employment between each Former Supplier claims, or it is determined and the Transferring Former Supplier Employees (except in relation to any employee terms disapplied through the operation of regulation 10(2) of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred Employment Regulations) shall have effect on and from the Customer and/or the Former Supplier to Relevant Transfer Date as if originally made between the Supplier and/or any Notified Sub-Contractor pursuant to contractor and each such Transferring Former Supplier Employee. The Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the Acquired Rights Directive then: period up to (but not including) the Relevant Transfer Date) and the Supplier shallshall make, and the Customer shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the each Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days makes, any necessary apportionments in respect of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employmentany periodic payments.
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier Consultant shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; and provide all such co-operation and assistance as the Schemes and the Replacement Supplier Consultant and/or the Customer Employer may reasonably require to enable the Replacement Supplier Consultant to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and and. for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this Contractcontract, to terminate the Agreement contract or any part of the Servicesservice; or after the date which is two (2) years prior to the date of expiry of this Contractcontract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier Contract or the CustomerEmployer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer Employer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF B TRANSFERRING FORMER CONSULTANT EMPLOYEES AT COMMENCEMENT OF THE PROVISION OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER Relevant Transfers The Customer and the Supplier parties agree that that: the commencement of the provision of the Services service or of any relevant part of the Services service will not be a Relevant Transfer in relation to any employees the Transferring Former Consultant Employees; and as a result of the Customer operation of the Employment Regulations, the contracts of employment between each Former Consultant and the Transferring Former Consultant Employees (except in relation to any terms disapplied through the operation of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Consultant and/or Notified Sub-Consultant and each such Transferring Former Consultant Employee. The Employer shall procure that each Former Consultant shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Consultant Employees in respect of the period up to (but not including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the period up to (but not including) the Relevant Transfer Date) and the Consultant shall make, and the Employer shall procure that each Former Consultant makes, any necessary apportionments in respect of any periodic payments. Subject to paragraph 14.2 of Part B of this Annex G, the Employer shall procure that each Former Consultant shall indemnify the Consultant and any Notified Sub-Consultant against any Employee Liabilities in respect of any Transferring Former Consultant Employee (or, where applicable any employee representative as defined in the Employment Regulations) arising from or as a result of: any act or omission by the Former Consultant arising before the Relevant Transfer Date; the breach or non-observance by the Former Consultant arising before the Relevant Transfer Date of: any collective agreement applicable to the Transferring Former Consultant Employees; and/or any custom or practice in respect of any Transferring Former SupplierConsultant Employees which the Former Consultant is contractually bound to honour. If any employee proceeding, claim or demand by HMRC or other statutory authority in respect of any financial obligation including, but not limited to, PAYE and primary and secondary national insurance contributions: in relation to any Transferring Former Consultant Employee, to the Customer and/or a Former Supplier claimsextent that the proceeding, claim or it is determined demand by HMRC or other statutory authority relates to financial obligations arising before the Relevant Transfer Date; and in relation to any employee who is not a Transferring Former Consultant Employee and in respect of the Customer and/or a Former Supplier, whom it is later alleged or determined that his/her contract of employment has been transferred from the Customer and/or the Former Supplier to the Supplier and/or any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing applied so as to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from transfer his/her employment from the Former Consultant to the Consultant and/or any Notified Sub-Consultant as appropriate, to the extent that the proceeding, claim or alleged employment.demand by HMRC or other statutory authority relates to financial obligations in respect of the period to (but excluding) the Relevant Transfer Date;
Appears in 1 contract
Samples: Project Management And
Subsequent Transfers. The Supplier Contractor shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier Contractor and/or the Customer Authority may reasonably require to enable the Replacement Supplier Contractor to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this Contract, to terminate the Agreement Contract or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier Contractor or the CustomerAuthority, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer Authority (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission AgreementContract. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER Part b: transferring Former Contractor Employees at commencement of Services RELEVANT TRANSFERS The Customer Authority and the Supplier Contractor agree that that: the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees the Transferring Former Contractor Employees; and as a result of the Customer and/or any Former Supplier. If any employee operation of the Customer and/or a Employment Regulations, the contracts of employment between each Former Supplier claims, or it is determined Contractor and the Transferring Former Contractor Employees (except in relation to any employee terms disapplied through the operation of Regulation 10(2) of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred Employment Regulations) shall have effect on and from the Customer Relevant Transfer Date as if originally made between the Contractor and/or the Former Supplier to the Supplier and/or any Notified Sub-contractor and each such Transferring Former Contractor pursuant to Employee. The Authority shall procure that each Former Contractor shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Contractor Employees in respect of the period up to (but not including)the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the Acquired Rights Directive then: period up to (but not including) the Supplier shallRelevant Transfer Date) and the Contractor shall make, and the Authority shall procure that the relevant Sub-each Former Contractor shallmakes, within five (5) Working Days any necessary apportionments in respect of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employmentany periodic payments.
Appears in 1 contract
Samples: assets.publishing.service.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either after notice (for whatever reason) is given, in accordance with the other provisions of this Call Off Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this Call Off Contract, ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER The Customer and the Supplier agree that the commencement of the provision of the Services or of any part of the Services will not be a Relevant Transfer in relation to any employees of the Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier claims, or it is determined in relation to any employee of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Customer and/or the Former Supplier to the Supplier and/or any Sub-Contractor contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and shall procure that the relevant Sub-Contractor contractor shall, within five (5) 5 Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) 15 Working Days of the notification by the Supplier or the Sub-Contractor contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor contractor shall, immediately release the person from his/her employment or alleged employment. If by the end of the 15 Working Day period specified in Paragraph 1.2.2: no such offer of employment has been made; such offer has been made but not accepted; or the situation has not otherwise been resolved, the Supplier and/or the Sub-contractor may within 5 Working Days give notice to terminate the employment or alleged employment of such person.
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension rights accrued by any Fair Deal Employee in the period ending on the date of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either either: after notice (for whatever reason) is given, in accordance with the other provisions of this ContractContract , to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior to the date of expiry of this ContractContract , ensure that no change is made to pension, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF B TRANSFERRING FORMER SUPPLIER EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER RELEVANT TRANSFERS The Customer and the Supplier agree that that: the commencement of the provision of the Services or of any relevant part of the Services will not be a Relevant Transfer in relation to any employees the Transferring Former Supplier Employees; and as a result of the Customer and/or any Former Supplier. If any employee operation of the Customer and/or a Employment Regulations, the contracts of employment between each Former Supplier claims, or it is determined and the Transferring Former Supplier Employees (except in relation to any employee terms disapplied through the operation of regulation 10(2) of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred Employment Regulations) shall have effect on and from the Customer and/or the Former Supplier to Relevant Transfer Date as if originally made between the Supplier and/or any Notified Sub-Contractor pursuant and each such Transferring Former Supplier Employee. Subject to Paragraph 6, the Customer shall procure that each Former Supplier shall comply with all its obligations under the Employment Regulations and shall perform and discharge all its obligations in respect of all the Transferring Former Supplier Employees in respect of the period up to (but not including) the Relevant Transfer Date (including the payment of all remuneration, benefits, entitlements and outgoings, all wages, accrued but untaken holiday pay, bonuses, commissions, payments of PAYE, national insurance contributions and pension contributions which in any case are attributable in whole or in part in respect of the Acquired Rights Directive then: period up to (but not including) the Relevant Transfer Date) and the Supplier shallshall make, and the Customer shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the each Former Supplier may offer (or may procure that a third party may offer) employment to such person within fifteen (15) Working Days makes, any necessary apportionments in respect of the notification by the Supplier or the Sub-Contractor (as appropriate) or take such other reasonable steps as the Customer or Former Supplier (as the case may be) considers appropriate to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or if the situation has otherwise been resolved by the Customer and/or the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employmentany periodic payments.
Appears in 1 contract
Samples: assets.crowncommercial.gov.uk
Subsequent Transfers. The Supplier shall: not adversely affect pension With respect to each of the Site Leases (and the -------------------- related Advertising Contracts, Advertising Displays, Assumed Contracts and all other assets, properties, interests and rights accrued owned, leased, licensed or used by any Fair Deal Employee Seller in connection with the operation thereof (together with the Site Leases, the "Additional Assets")) listed on Schedule 5.15 hereto, the purchase ----------------- ------------- price for which is set forth on Schedule 5.15 opposite the Site Lease and ------------- related Additional Assets for which the purchase price is to be paid, Seller will be unable to obtain the consent from the respective landlords for the assignment of the Site Leases to Buyer prior to Closing (each such location is referred to herein as an "Additional Site"). For a period of 165 days following --------------- the Closing, Seller shall use its commercially reasonable efforts to obtain the consent of each landlord, in the period ending on the date form attached hereto as Exhibit C, allowing --------- Seller to assign to Buyer each of the relevant future transfer; provide all such co-operation and assistance as the Schemes and the Replacement Supplier and/or the Customer may reasonably require to enable the Replacement Supplier to participate in the Schemes in respect of any Eligible Employee and to give effect to any transfer of accrued rights required as part of participation under the New Fair Deal; and for the period either after notice (for whatever reason) is given, in accordance with the other provisions of this Contract, to terminate the Agreement or any part of the Services; or after the date which is two (2) years prior Site Leases related to the date of expiry of this ContractAdditional Sites. As each such consent is obtained, ensure that no change is made to pensionwithin a reasonable time thereafter, retirement and death benefits provided for or in respect of any person who will transfer to the Replacement Supplier or the Customer, no category of earnings which were not previously pensionable are made pensionable and the contributions (if any) payable by such employees are not reduced without (in any case) the prior approval of the Customer (such approval not to be unreasonably withheld). Save that this sub-paragraph shall not apply to any change made as a consequence of participation in an Admission Agreement. 12/08/2013 PART C NO TRANSFER OF EMPLOYEES AT COMMENCEMENT OF SERVICES PROCEDURE IN THE EVENT OF TRANSFER The Customer and the Supplier agree that the commencement of the provision of the Services or of any part of the Services will not be a Relevant Transfer in relation to any employees of the Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier claims, or it is determined in relation to any employee of the Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Customer and/or the Former Supplier to the Supplier and/or any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and shall procure that the relevant Sub-Contractor shall, within five (5) Working Days of becoming aware of that fact, give notice in writing to the Customer and, where required by the Customer, give notice to the Former Supplier; and the Customer and/or the Former Supplier may offer (or may procure that a third party may offer) employment to such person within exceed fifteen (15) Working Days days, the parties hereto acknowledge and agree that they shall execute definitive documentation reasonably necessary to effectuate the transfer to Buyer of the notification by Additional Sites and any assets related to the Supplier or operation of the Sub-Contractor (Additional Sites in a Subsequent Closing. Seller hereby acknowledges that it shall sell to Buyer and Buyer hereby acknowledges that it shall purchase from Seller each of the Additional Sites and the assets related to the operation of the Additional Sites in a Subsequent Closing after Seller has obtained the consent required to transfer the Additional Site, has executed definitive documentation which contains representations, warranties and covenants with respect to such Additional Sites and any assets related to the operation of the Additional Sites as appropriate) or take Buyer would have received if such other reasonable steps assets were transferred as part of the Customer or Former Supplier (as Assets on the case may be) considers appropriate Closing Date and has satisfied the closing conditions that would have been required to deal with the matter provided always that such steps are in compliance with applicable Law. If an offer referred to in Paragraph 1.2.2 is accepted (or be satisfied if the situation has otherwise been resolved by Additional Sites were transferred as part of the Customer and/or Assets on the Former Supplier), the Supplier shall, or shall procure that the Sub-Contractor shall, immediately release the person from his/her employment or alleged employmentClosing Date.
Appears in 1 contract
