Examples of Cabinet Office Statement in a sentence
The Parties agree that where a Successor or the Authority provides the Services or services which are fundamentally the same as the Services in the immediate or subsequent succession to the Supplier or Sub-contractor (in whole or in part) on expiry or early termination of this Contract (howsoever arising) TUPE, the Cabinet Office Statement and Fair Deal for Staff Pensions may apply in respect of the subsequent provision of the Services or services which are fundamentally the same as the Services.
If a Service Transfer constitutes a relevant transfer, as defined under the TUPE Regulations and/or if the provisions of the Cabinet Office Statement of Practice in relation to Staff Transfers in the Public Sector apply (“Relevant Transfer”) then as the case may be either the Authority or the Replacement Contractor will inherit liabilities in respect of the Transferring Employees.
B10.13 The Contractor shall, from the date of any Relevant Transfer during the Contract Period (including, for the avoidance of doubt, from the Commencement Date, in the event of there being a Relevant Transfer on that date), comply and procure that each Sub-contractor shall comply with the Cabinet Office Statement and any related governmental guidance or codes of practice.
The Parties agree that where a Successor or the Authority provides the Services or services which are fundamentally the same as the Services in the immediate or subsequent succession to the Supplier or subcontractor (in whole or in part) on expiry or early termination of this Contract (howsoever arising) TUPE, the Cabinet Office Statement and Fair Deal for Staff Pensions may apply in respect of the subsequent provision of the Services or services which are fundamentally the same as the Services.
The Cabinet Office Statement of Practice (COSOP) allows for transfers on a TUPE like basis where there is no statutory entitlement to TUPE.
Salaries for staff who have transferred into the authority under Transfer of Undertakings (Protection of Employment) Regulations (TUPE) or Cabinet Office Statement of Practice (COSOP) arrangements are those applicable at time of transfer and, by agreement, may also be determined in accordance with the local pay framework described above.
The Contractor is committed to complying with and undertakes to comply with the principles and detail of the Code of Practice on Workforce Matters in Public Sector Contracts (the Code), the Cabinet Office Statement: Staff Transfers in the Public Sector 2000 (the Statement) and the Annex to the Statement entitled A Fair Deal for Pensions (the Annex).
The exemption for payments arising from applying the TUPE Regulations is clear but it is not explicitly set out that the same applies for ‘TUPE-like’ transfers that follow the spirit of TUPE such as transfers following the Cabinet Office Statement of Practice or similar central government instigated transfers that may not explicitly be covered by TUPE.
Under the Cabinet Office Statement of Practice issued in January 2000, local authorities are expected to proceed on the basis that TUPE will apply to any contracting out arrangement unless there are exceptional circumstances.
Romesh de Silva, P.C. with Harsha Amarasekera for 3rd defendant^Ktitioner.