No Employee Transfer

25.1 The Authority and [Sub-hubco/Project Co]  agree that there are no individuals presently employed by the Authority [or any other sub-contractor of the Authority]7 whose contracts of employment will, by virtue of the transfer to [Sub-hubco/Project Co]  of responsibility for provision of (or procuring the provision by Service Providers of) any of the Services in accordance with this Agreement and in accordance with the Transfer Regulations, have effect after the date or dates of such transfer as agreed by the parties (each a "Relevant Service Transfer Date") (or at any other time) as if originally made between those persons and the relevant Service Provider.  

25.2 If it is subsequently agreed or determined that there are persons presently employed by the Authority [or any other sub-contractor of the Authority]8 whose contracts of employment do have effect after the Relevant Service Transfer Date as if originally made between those persons and the relevant Service Provider ("Transferring Staff") then:

25.2.1 the Authority shall within ten (10) Business Days of the date on which it was so agreed or determined have the opportunity to offer or procure the offer of a position as an employee of the Authority to some or all of the Transferring Staff;

25.2.2 [Sub-hubco/Project Co] shall procure that no person to whom the Authority has offered a position in accordance with Clause 25.2.1 shall be dismissed by reason of redundancy until the period9 for acceptance of such offer has expired and the person in question has not accepted such offer; and

25.2.3 subject to Clauses 25.2.1 and 25.2.2, [Sub-hubco/Project Co]  or any Service Provider shall be entitled to dismiss any or all of the Transferring Staff by reason of redundancy provided that [Sub-hubco/Project Co]  shall use and shall procure that any Service Provider shall carry out in the required manner any obligation to consult with the Transferring Staff or any of them, or their respective representatives, and shall use all reasonable endeavours to mitigate the amount of any costs payable in respect of the Transferring Staff or their dismissal.

The Authority shall indemnify [Sub-hubco/Project Co] against any costs referred to in Clause 25.2.3 reasonably incurred by [Sub-hubco/Project Co] (or by a relevant Service Provider and for which [Sub-hubco/Project Co] is responsible) and shall reimburse any costs reasonably and properly incurred by [Sub-hubco/Project Co] or the Service Provider in employing any Transferring Staff prior to the expiry of the period referred to in Clause 25.2.2.

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7 Applicable where the Authority is a local authority.

8 Applicable where the Authority is a local authority.

9 Time period to be agreed on a project by project basis.