PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier 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of regulation 10(2) of the Employment Regulations) shall have effect on and from the Relevant Transfer Date as if originally made between the Supplier and/or Notified Sub-Contractor and each such Transferring Former Supplier Employee.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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.
Appears in 10 contracts
Sources: Call Off Order Form and Call Off Terms, Call Off Order Form and Call Off Terms, Order Form and Call Off Terms
PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 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 of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each 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 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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, 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 134.2.2 of Part C of this Call Off Schedule 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 each Former the Sub-Contractor 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 134.2.2: 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 makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.
Appears in 5 contracts
Sources: Order Form and Call Off Terms, Call Off Agreement, Order Form
PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 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 of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each 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 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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, 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 154.2.2 of Part C of this Call Off Schedule 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 each Former the Sub-Contractor 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 154.2.2: 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 makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.
Appears in 4 contracts
Sources: Call Off Order Form and Call Off Terms, Call Off Order Form, Call Off Order Form and Call Off Terms
PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: the commencement of the provision of the Goods and/or Services or of any relevant part of the Goods and/or Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier 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 Supplier and/or Notified Sub-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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.
Appears in 3 contracts
Sources: Call Off Contract, Call Off Contract, Call Off Contract
PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 The Customer and the Supplier agree that: that the commencement of the provision of the Goods and/or Services or of any relevant part of the Goods and/or Services will not be a Relevant Transfer in relation to any employees of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each 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 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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, 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 144.2.2 of Part C of this Call Off Schedule 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 each Former the Sub-Contractor 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 144.2.2: 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 makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.
Appears in 2 contracts
Sources: Call Off Contract, Call Off Contract
PENSIONS. 6.1 The Supplier shall, and and/or shall procure that each of its Sub-Contractors Subcontractors shall, comply with with:
6.1.1 the pensions provisions set out in Annex requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and
6.1.2 Part D: Pensions (and its Annexes) to this Schedule.
1. 12/08/2013 What is a relevant transfer
1.1 The Customer Buyer and the Supplier agree that: :
1.1.1 the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and and
1.1.2 as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier 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 Supplier and/or Notified Sub-Contractor any Subcontractor and each such Transferring Former Supplier Employee. .
1.2 The Customer Buyer 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 including) the Relevant Transfer Date (including (without limit) 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 Supplier shall make, and the Customer Buyer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.
Appears in 1 contract
Sources: Order Form
PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer Authority and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier 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 Supplier and/or Notified Sub-Contractor and each such Transferring Former Supplier Employee. The Customer Authority 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 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 Supplier shall make, and the Customer Authority shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.
Appears in 1 contract
Sources: Media Buying Framework Agreement
PENSIONS. The Supplier shall, and and/or shall procure that each of its Sub-Contractors contractors shall, comply with with: the pensions provisions set out in Annex 1requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and Part D (and its Annexes) to this Staff Transfer Schedule. 12/08/2013 The Customer Authority and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier 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 Supplier and/or Notified Sub-Contractor contractor and each such Transferring Former Supplier Employee. The Customer Authority 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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, and the Customer Authority shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.
Appears in 1 contract
Sources: Services Agreement
PENSIONS. The Supplier shall, and shall procure that each of its Sub-Contractors Contractor shall, comply with the pensions provisions set out in Annex 11 where any Transferring Former Supplier Employee is a Pension Member as such term is defined in Annex 1 of this Call Off Schedule. 12/08/2013 The Customer and the Supplier agree that: that the commencement of the provision of the Goods and/or Services or of any relevant part of the Goods and/or Services will not be a Relevant Transfer in relation to any employees of the Transferring Customer and/or any Former Supplier. If any employee of the Customer and/or a Former Supplier Employees; and as a result of the operation of the Employment Regulationsclaims, the contracts of employment between each Former Supplier and the Transferring Former Supplier Employees (except or it is determined in relation to any terms disapplied through the operation of regulation 10(2) employee of the Employment Regulations) shall have effect on and Customer and/or a Former Supplier, that his/her contract of employment has been transferred from the Relevant Transfer Date as if originally made between Customer and/or the Former Supplier to the Supplier and/or Notified any Sub-Contractor pursuant to the Employment Regulations or the Acquired Rights Directive then: the Supplier shall, and each such Transferring Former Supplier Employee. The Customer shall procure that each 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 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 period up to (but not including) the Relevant Transfer Date) and the Supplier shall make, 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 123.2.2 of Part C of this Call Off Schedule 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 each Former the Sub-Contractor 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 123.2.2: 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 makes, any necessary apportionments in respect and/or the Sub-Contractor may within five (5) Working Days give notice to terminate the employment or alleged employment of any periodic paymentssuch person.
Appears in 1 contract
Sources: Call Off Contract
PENSIONS. The Supplier shall, and and/or shall procure that each of its Sub-Contractors Subcontractors shall, comply with with: the pensions requirements of Part 1 of the Pensions Act 2008, section 258 of the Pensions Act 2004 and the Transfer of Employment (Pension Protection) Regulations 2005 for all transferring staff; and the provisions set out in Annex 1Part D: Pensions (and its Annexes) to this Staff Transfer Schedule. 12/08/2013 The Customer Buyer and the Supplier agree that: the commencement of the provision of the Services or of any relevant part of the Services will be a Relevant Transfer in relation to the Transferring Former Supplier Employees; and as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier and the Transferring Former Supplier 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 Supplier and/or Notified Sub-Contractor any Subcontractor and each such Transferring Former Supplier Employee. The Customer Buyer 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 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 Supplier shall make, and the Customer Buyer shall procure that each Former Supplier makes, any necessary apportionments in respect of any periodic payments.
Appears in 1 contract
Sources: Staff Transfer Agreement
PENSIONS. 9.7.1 The Supplier Contractor shall, and shall procure that each of its Sub-Contractors shall, comply with the pensions provisions set out in Annex 1. 12/08/2013 The Customer and the Supplier agree that: 9.8 Relevant Transfers
9.8.1.1 the commencement of the provision of the Services service or of any relevant part of the Services service will be a Relevant Transfer in relation to the Transferring Former Supplier Contractor Employees; and and
9.8.1.2 as a result of the operation of the Employment Regulations, the contracts of employment between each Former Supplier Contractor and the Transferring Former Supplier Contractor 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 Supplier Contractor and/or Notified Sub-Contractor and each such Transferring Former Supplier Contractor Employee. .
9.8.2 The Customer Employer shall procure that each Former Supplier 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 Supplier Contractor Employees in respect of the period up to (but not including)the 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 Supplier Contractor shall make, and the Customer Employer shall procure that each Former Supplier Contractor makes, any necessary apportionments in respect of any periodic payments.
Appears in 1 contract
Sources: Nec3 Term Service Contract