Common use of TRANSFER OF UNDERTAKING Clause in Contracts

TRANSFER OF UNDERTAKING. 11.1.1 Application of clause Clause 12.1 applies in the event that the Employer proposes to restructure (as defined in section 69OI of the Employment Relations Act 2000), and the work you perform may or will be performed for or by a new employer. 11.1.2 Employer’s obligations The Employer will: (a) schedule talks with the new employer (b) tell you about the upcoming talks and the intended timeframes (c) tell you what will generally be discussed (d) arrange for representatives of the Employer to engage in the talks with the new employer (e) subject to any statutory, commercial confidence or privacy issues, give the new employer all information about affected employees, including details of terms and conditions of employment (f) encourage the new employer to offer all affected employees jobs with generally the same or better terms and conditions (g) report back to you on the outcome of the meetings to the extent they relate to you. 11.1.3 If transfer of employment does not occur (a) Whether you are offered ongoing employment, and on what terms and conditions, will ultimately be the decision of the new employer. (b) If you do not transfer to the new employer, the Employer will determine what entitlements (if any) are available to you after discussion with you, such as: (i) whether there are any options available to remain in employment with the Employer (ii) your redundancy entitlements under this Agreement (if any), and what this could mean for you, including notice arrangements (iii) whether the Employer can offer any additional support to you, eg a reference. (c) The Employer will consider your comments and confirm in writing the outcome of these discussions to you.