1.1 hubco and the Participants agree that the Transfer Regulations may apply to the transfer on one or more dates agreed by the Parties (each a "Relevant Service Transfer Date") to hubco of responsibility for provision of (or procuring the provision by any Partnering Subcontractor of) the Partnering Services in accordance with this Agreement and that a Relevant Transfer may take place on each Relevant Service Transfer Date (or such date as may be determined by Law). The Relevant Service Transfer Date in respect of each of the Partnering Services is specified in Section 2 (Relevant Service Transfer Dates) of this Schedule Part 15 (Transfer of Employment and Pensions).
1.2 In accordance with the Transfer Regulations, the contracts of employment of each Transferring Employee shall (subject to Regulation 4(7) of the Transfer Regulations) have effect after the relevant Transfer Date as if originally made between those employees and hubco or the relevant Partnering Subcontractor except insofar as such contracts relate to old age, invalidity or survivors benefit.
1.3 The Participants and hubco agree and intend and shall take all reasonable steps to procure that there shall be a Relevant Transfer on each occasion on which the identity of a service provider changes pursuant to this Agreement and that the contracts of employment of all those employees of the relevant service provider wholly or mainly engaged in the provision of the Partnering Services immediately before the change of identity of the service provider shall have effect (subject to Regulation 4(7) of the Transfer Regulations) thereafter as if originally made between those employees and the new service provider except insofar as such contracts relate to an occupational pension scheme and hubco shall and shall procure that both the former and the new service providers shall comply with their obligations under the Transfer Regulations.
1.4 If hubco or the relevant Partnering Subcontractor dismisses by reason of redundancy a Transferring Employee who had he or she been so dismissed before the relevant Transfer Date would have been entitled to a payment pursuant to section 45 or 46 of the general Whitley Agreement (or section 16 of Agenda for Change where the employee in question has been assimilated on to Agenda for Change) then hubco shall provide, or shall procure that the relevant Partnering Subcontractor shall provide, such employee with a payment or other benefit calculated in the same manner as would have been applied on dismissal by reason of redundancy immediately before the relevant Transfer Date. For these purposes a dismissal by reason of redundancy is one so defined in section 139 of the Employment Rights Act 1996. If the provisions of this paragraph 1.4 and the provisions of paragraph 2.10 apply (or would apply but for this provision) to the same circumstances then the provisions of paragraph 2.10 shall apply instead of this paragraph 1.4.
1.5 Each of the Participants shall comply with their obligations under the Transfer Regulations in respect of each Relevant Transfer pursuant to this Agreement and hubco shall comply and shall procure that each Partnering Subcontractor shall comply with their obligations (including without limitation the obligation under Regulation 13(4) of the Transfer Regulations) in respect of each Relevant Transfer pursuant to this Agreement and each of the Participants shall indemnify hubco and hubco shall indemnify each Participant against any Direct Losses sustained as a result of any breach of this paragraph 1.5 by the party in default.