1.1 The Contract provides that the Transfer of Undertakings (Protection of Employment) Regulations ("TUPE") will apply to transfer of staff from the Board to the Contractor. Both the Board and the Contractor are obliged to observe their TUPE obligations and to indemnify the other in the event of losses arising because of either party's failure to do so. The contracts of employment with the staff who transfer should have effect as though they were made originally between the employees and Contractor rather than the employees and the Board. This requirement also applies in terms of any subsequent redundancy. (Clause 30.4).
1.2 Where the identity of a service provider changes and staff transfer to the new provider, the Contract provides that service providers must also observe TUPE obligations. These requirements do not apply in the event of a change of service provider following on from market testing. This is dealt with in Schedule Part 17.
1.3 Where TUPE does not apply, the Contractor or a service provider must make an offer of employment to any employees of the Board which transfer as part of the project.
1.4 The Board must give the Contractor all relevant information relating to the employees such as their identities, ages, years of service and so on. This information will be updated after each Relevant Service Transfer Date (i.e. the date of any transfer of employees from the Board to the Contractor/service provider). If the Contractor's employee-related costs increase as a result of a change in the employee related information before/after the Relevant Service Transfer Date, the payments to the Contractor will be uplifted accordingly.
1.5 The Board and the Contractor are obliged to implement employee transfers as smoothly as possible. Where there is an employee transfer from the Board to the Contractor or a service provider, the Board must provide copies of union recognition agreements and the Contractor/service providers are obliged to recognise trade unions.
1.6 The Board remain responsible for any claims or liabilities in respect of the employees which arise before the relevant service transfer date. The Contractor is responsible for anything arising after the relevant service transfer date.
1.7 The Contractor is obliged to observe all health and safety, equal opportunities and anti-discrimination rules which arise out of legislation or the Board's policies.