Offer (Clause 1.2)

2.24  Clause 1.2 requires that even where TUPE does not apply, the Contractor will offer (or ensure the appropriate Sub-Contractor offers) any Local Authority employee who was engaged in providing the Services prior to the Agreement, employment on the same terms and conditions as if there was a TUPE transfer. Any such offer need not be made to existing third party contractor employees who currently provide the Services.

2.25  Where the offer is accepted, Clause 1.2.2 requires the Authority to indemnify the Contractor in the same way as if there had been a TUPE transfer in respect of each employee who accepts the offer. If the offer is not accepted the employee remains in the employment of the Authority.