1.6 If the Transfer Regulations do not apply to any person who is a Transferring Participant Employee, hubco shall offer to or shall procure the offer by the relevant Partnering Subcontractor to each and every such employee of a new contract of employment commencing on the relevant Transfer Date under which the terms and conditions including full continuity of employment shall not differ from those enjoyed immediately prior to the relevant Transfer Date (except insofar as such terms and conditions relate to an occupational pension scheme) and the offer shall be in writing, shall be open to acceptance for a period of not less than ten (10) Business Days and shall be made:
1.6.1 if it is believed that the Transfer Regulations will not apply to a Transferring Participant Employee, not less than ten (10) Business Days before the relevant Transfer Date; or
1.6.2 if it is believed that the Transfer Regulations apply to a Transferring Participant Employee but it is subsequently decided that the Transfer Regulations do not so apply, as soon as is practicable and in any event no later than ten (10) Business Days after that decision is known to hubco.
1.7 Where any such offer as referred to in paragraph 1.6 is accepted, each Participant shall indemnify and keep indemnified in full hubco on the same terms and conditions as those set out in paragraphs 1.14 to 1.17 inclusive as if there had been a Relevant Transfer in respect of each and every Transferring Participant Employee relative to that Participant who has accepted any such offer.
1.8 Where any such offer as referred to in paragraph 1.6 is accepted, hubco shall act and shall procure that each relevant Partnering Subcontractor shall act in all respects as if the Transfer Regulations had applied to each and every Transferring Participant Employee who has accepted any such offer and shall comply with paragraph 2 in respect of each and every such employee who was immediately before the relevant Transfer Date, a NHS Participant Employee or a LGPS Participant Employee, as the case may be.