2.A.16. Retendering
2.A.16.1. The Contractor shall (and shall procure that any Sub-Contractor shall) within the period of twelve (12) Months immediately preceding the expiry of this Contract or following the service of a Termination Notice or as a consequence of the Authority notifying the Contractor of its intention to retender this Contract:
(a) on receiving a written request from the Authority provide in respect of any person engaged or employed by the Contractor or any Sub-Contractor in the provision of the Services (the "Assigned Employees") full and accurate details regarding the identity, number, age, sex, length of service, job title, grade and terms and conditions of employment of and other matters143 affecting each of those Assigned Employees who it is expected, if they remain in the employment of the Contractor (or of any Sub-Contractor) until immediately before the Termination Date, would be Returning Employees (the "Retendering Information");
(b) provide the Retendering Information promptly and at no cost to the Authority;
(c) notify the Authority forthwith in writing of any material changes to the Retendering Information promptly as and when such changes arise;
(d) be precluded from making any material increase or decrease in the numbers of Assigned Employees other than in the ordinary course of business and with the Authority's prior written consent (such consent not to be unreasonably withheld or delayed);
(e) be precluded from making any increase in the remuneration or other change in the terms and conditions of the Assigned Employees other than in the ordinary course of business and with the Authority's prior written consent (such consent not to be unreasonably withheld or delayed); and
(f) be precluded from transferring any of the Assigned Employees to another part of its business or moving other employees from elsewhere in its or their business who have not previously been employed or engaged in providing the Services to provide the Services save with the Authority's prior written consent (such consent not to be unreasonably withheld or delayed),
2.A.16.2. The Contractor shall, and shall keep indemnified in full, the Authority and at the Authority's request any Future Service Provider against all Direct Losses arising from any claim by any party as a result of the Contractor (or Sub-Contractor) failing to provide or promptly to provide the Authority and/or any Future Service Provider where requested by the Authority with any Retendering Information and/or Employee Liability Information or to provide full Retendering Information and/or Employee Liability Information or as a result of any material inaccuracy in, or omission, from the Retendering Information provided that this indemnity shall not apply in respect of the Retendering Information to the extent that such information was originally provided to the Contractor by the Authority and was materially inaccurate or incomplete when provided.
__________________________________________________________________________________________________
143 The list would normally show:
Staff Ref No:
DoB
Age
Job Title
Start Date
Continuous Service Date - length of reckonable service
Contracted hours
Sex (M/F)
Department
NI letter (A or D)
Scale and point
Salary
Superannuation (including contribution rates, length of reckonable pensionable service etc) Allow/deduction code.
N.B. This is not necessarily an exhaustive list