30.30 Project Co shall comply and shall procure that each Service Provider and all persons employed or engaged by a Service Provider in connection with the provision of any Service shall comply at all times with the Law on health and safety at work and on anti-discrimination and equal opportunities.
30.31 Project Co shall procure that each Service Provider takes all reasonable steps to procure that all persons including any employed or engaged by a Service Provider in connection with the provision of any Service shall, so far as applicable, comply with the Board Policies as regards health and safety at work (including the Board Policy regarding smoking) and with those relating to anti-discrimination and equal opportunities (including those relating to harassment). Project Co also shall take and shall procure that every Service Provider shall take all such steps as the Board may reasonably require, which shall include co-operation with action proposed or taken by the Board, to ensure that the Board complies with its duty under Section 3(1) Health and Safety at Work Act 1974 regarding the conduct of the undertaking of the Board.
30.32 The Project Co shall or shall procure that it and/or any relevant Service Provider to whom any Transferring Board Employees transfer under an Employee Transfer shall:
(a) ensure that all individuals (including Transferring Board Employees) employed or engaged from time to time in the provision of the Services ("Assigned Employees") are engaged on terms and conditions of employment which are no less favourable overall than those applying to the Transferring Board Employees;
(b) subject to Clause 30.32(a) ensure that the terms and conditions offered to any new employees who are being employed or engaged in the provision of the Services are offered after full consultation with the representatives of any recognised trade union of the Assigned Employees or, in the event that there is no recognised trade union for the Assigned Employees, with other elected representatives of such Assigned Employees;
(c) subject to Clauses 30.32(a) and 30.36, ensure that any changes to the terms and conditions of the Assigned Employees are achieved after full consultation with the representatives of any recognised trade union of such Assigned Employees or, in the event that there is no recognised trade union for such Assigned Employees, with other elected representatives of such Assigned Employees;
(d) use all reasonable endeavours to promote and conduct fair employment practices and best practice in relation to health and safety and equal opportunities and maintain a constructive approach to employee relations, including to the question of trade union recognition;
(e) support any government sponsored review of any guidelines, recommendations or requirements in relation to public private partnerships in Scotland and that Project Co shall provide (and shall procure that any Service Provider shall provide) the Board with all such advice, information or other support as it shall require to enable it to assist any such reviews;
(f) provide in writing to the Board immediately upon a request from the Board, subject to its obligations relating to data protection and confidentiality, all such information or documentation as the Board may require acting reasonably to enable it to review and monitor the extent to which the Project Co (or any Service Provider) complies with the conditions set out in the document "Public Private Partnerships in Scotland - Protocol and Guidance Concerning Employment Issues" (or any such similar protocol, requirements or guidance issued and with which the Board, Project Co or any Service Provider may be required to comply) and in this Clause 30.32 throughout the period of this Agreement. Such information may include (but shall not be limited to) information relating to:-
(i) the management arrangements for the Assigned Employees;
(ii) the pay, terms and conditions of the Assigned Employees, including details of the pension arrangements for Assigned Employees;
(iii) the variety of workforce training and development opportunities available to the Assigned Employees;
(iv) the framework for and conduct of employee relations relating to the Assigned Employees, including the employer's approach to trade union recognition and facilities;
(v) the health and safety, equal opportunities or other employment related procedures relating to the Assigned Employees;
(g) provide to the Board as soon as reasonably practicable any further information or documentation in its possession or under its control (or which it can reasonably obtain) which updates any information or documentation provided in accordance with Clause 30.32(f) above;
(h) warrant that the information provided to the Board in accordance with Clauses 30.32(f) and 30.32 (g) above will be full, complete and accurate;
(i) indemnify the Board and keep the Board indemnified in full against all costs, claims, liabilities or expenses (including legal expenses) suffered or incurred by the Board which relate to or arise out of any breach by the Project Co (or any Service Provider) of any of the provisions of Clauses 30.32(f) and 30.32(g) above;
(j) indemnify the Board and keep the Board indemnified in full from and against any cost, claims, liabilities and expenses (including legal expenses) suffered or incurred by the Board which relate to or arise out of any act or omission by the Project Co or any Service Provider or any other event or occurrence in each case on or after the Relevant Service Transfer Date up to but not including the Re-transfer Date (including, without prejudice to the foregoing generality, in relation to negligence claims by any Transferring Board Employee or third party, unfair dismissal, redundancy, unlawful discrimination, breach of contract, unlawful deduction of wages and equal pay).