1.8  Compliance with Code Obligations

1.8.1  The Authority and the Contractor shall have regard to the Code in interpreting and applying the Code Obligations.

1.8.2  Subject to clause 1.8.4, the Contractor shall procure that any New Employees shall be employed on terms and conditions of employment which are, overall fair and reasonable and no less favourable than those of the Transferring Employees [or Transferring Original Employees in a subsequent contract] engaged in the provision of the Services who are working alongside and holding the same or a similar position to that of the New Employees.

1.8.3  The Contractor shall procure that any relevant Sub-Contractor shall consult with the recognised trade unions and where there is no recognised trade union any other employee representative body on the terms to be offered to the New Employees pursuant to clause 1.8.2.

1.8.4  In addition to its obligations under clause 1.8.2 above, the Contractor shall procure that the New Employees are offered either:

(a)  membership of the Local Government Pension Scheme where the employer has admission body status within the scheme and makes the requisite contribution; or

(b)  membership of a good quality employer pension scheme, being either

(i)  a contracted-out final salary based defined benefit scheme, or

(ii)  a defined contribution scheme under which the employer must match employee contributions up to six percent (6%); or

(c)  a stakeholder pension scheme, under which the employer matches employee contributions up to at least six per cent (6%).

1.8.5  During the term of this Agreement, the Contractor shall on request by the Authority provide or procure that the Authority is provided with such accurate and complete information [as reasonably requested by the Authority] as soon as reasonably practicable, including the terms and conditions of employment of the Transferring Employees and the New Employees, where this is required to monitor the Contractor's compliance with its Code Obligations.

1.8.6  The Contractor shall and shall procure that any relevant Sub-Contractor shall support any central Government sponsored review and monitoring programme on the impact of the Code and on request by the Authority provide the Authority with such accurate and complete information [as reasonably requested by the Authority] as soon as reasonably practicable in order to assist the Authority in doing this.

1.8.7  The Authority and the Contractor shall in the first instance seek to resolve by discussions between them any complaints from any employee or any recognised trade union in relation to compliance by the Contractor and any Sub-Contractor of its Code Obligations.

1.8.8  Where it appears to the Authority or the Contractor that it is not possible to resolve the matter by continuing discussions between them pursuant to clause 1.8.7 or where an employee of the Contractor or any recognised trade union writes to the Authority to confirm that it has been unable to resolve its complaint directly with the Contractor or any Sub-Contractor in relation to the Contractor's Code Obligations:

(a)  the Authority shall first write to the Contractor to seek an explanation for the alleged failure by the Contractor to comply with its Code Obligations. The Contractor shall or shall procure that the relevant Sub-Contractor provide such an explanation in writing within five (5) Business Days of receipt of the request from the Authority;

(b)  if the response provided by the Contractor or any Sub-Contractor satisfies the Authority that the Code Obligations have been met, then the Authority will inform the complainant of this and the matter will be deemed to have been concluded;

(c)  in the event that the Authority is not satisfied with the response provided by the Contractor or any Sub-Contractor the Authority shall write to the Contractor within five (5) Business Days to require the Contractor to take immediate action to resolve this dispute; and

(d)  if, following such a request by the Authority the Contractor still appears to the Authority not to be complying with its Code Obligations, the matter shall be dealt with in accordance with the Code Dispute Resolution Procedure in Schedule [ * ] (See Appendix 6).