32  Employment (HPP Ref: Clause 29 (Transfer of Employees))

Delete clause 29 and all associated definitions and replace with the following:

Assigned Employees means any person engaged or employed by the Contractor or any sub-contractor in the provision of the Services;

Authority Direction means, in the event that there are any Transferring Employees and/or any Retained Transferring Employees, any direction given by the Authority to the Contractor (such direction to be confirmed in writing) in relation to or in connection with any persons employed or engaged in respect of any of the Services;

Authority Employees means all those persons employed by the Authority under a contract of employment (but excluding any person engaged by the Authority as an independent contractor or persons employed by any sub-contractor engaged by the Authority);

Code means the Code of Practice on Workforce Matters in Local Authority Service Contracts as currently contained in DCLG Circular3/03 Annex D;

Directive means the EC Acquired Rights Directive 77/187 as amended;

Employee Liability Information means the employee liability information to be provided pursuant to Regulation 11 of TUPE;

Equalities Legislation means the Race Relations Act 1976, the Sex Discrimination Act 1975, the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006;

Equality Requirements means the requirements set out in Schedule 21 (Equality Requirements);

Equal Pay Legislation means all and any anti-discrimination and equal pay opportunities laws, including but not limited to the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Equal Pay Directive (Council Directive 75/117/EEC), the Equal Treatment Directive (Council Directive 76/207/EEC), Article 117 of the Treaty of Rome, the Disability Discrimination Act 1995, the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000), the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Age) Regulations 2006 and the Equality Act 2006;

Equal Pay Ruling means a determination by an employment tribunal or court of competent jurisdiction or the settlement or compromise to which the Authority shall have consented in either case relating to any claim brought by any Retained Transferring Employee (where such claim is brought by the Retained Transferring Employee either (i) on or before the Relevant Service Transfer Date or (ii) within a period of 6 months from and including the Relevant Service Transfer Date) under Equal Pay Legislation that the terms and conditions of employment of the Retained Transferring Employee relating to Pay contravene the Equal Pay Legislation;

Exit Event means any of the following events:

(a)  the Authority serving an Expiry Option Notice on the Contractor; or

(b)  the service of a Termination Notice in which the Authority has notified the Contractor that it is exercising its Termination Option;

Future Service Provider is as defined in clause 29.5 (Contractor Indemnities);

Incumbent Provider Employee means all those persons employed by an incumbent contractor or sub-contractor engaged by the Authority prior to the Relevant Service Transfer Date to provide any of the Services or any service equivalent to any of the Services who are wholly or mainly engaged in the provision of such services;

Pay means the ordinary basic or minimum wage or salary and any other consideration, whether in cash or in kind, which a Retained Transferring Employee receives either directly or indirectly in respect of his or her employment with the Authority;

New Employees means those employees employed by the Contractor and/or any Sub-Contractor to provide the Services who will be working alongside the Retained Transferring Employees;

Notification is as defined in clause 29.2 (Offer of Employment);

Offer Period is as defined in clause 29.2 (Offer of Employment);

Redundancy has the meaning set out in section 139 of the Employment Rights Act 1996;

Relevant Service Transfer Date means the transfer on one or more dates agreed by the parties (each a "Relevant Service Transfer Date") to the Contractor of responsibility for provision of (or procuring the provision by Sub-Contractors of) the Services in accordance with this Agreement;

Retained Authority Transferring Employee means a Retained Transferring Employee who was an Authority Employee immediately prior to the Relevant Service Transfer Date;

Retained Incumbent Provider Transferring Employee means a Retained Transferring Employee who was an Incumbent Provider Employee immediately prior to the Relevant Service Transfer Date;

Retained Transferring Employee is as defined in clause 29.2 (Offer of Employment);

Retendering Information is as defined in clause 29.6 (Retendering);

Return Date is as defined in clause 29.7 (Termination / Expiry of Agreement);

Returning Employees mean those employees wholly or mainly engaged in the provision of the Services as the case may be immediately before the expiry or termination of part or all of this Agreement whose employment transfers to the Authority or a Future Service Provider pursuant to TUPE;

Transferring Employee is as defined in clause 29.2 (Offer of Employment)

Transferring Employee Costs means, where the employment of a Transferring Employee is terminated pursuant to clause 29.2.2:

(a)  any notice entitlement (whether statutory or contractual), any redundancy entitlement (whether statutory or contractual) and any other contractual termination entitlements18; and

(b)  any direct employment costs associated with the employment of each Transferring Employee by the Contractor or the relevant Sub-Contractor in the period from the Relevant Service Transfer Date up to and including the date of termination of such Transferring Employee's employment;

TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006 and/or any other regulations enacted for the purposes of implementing the Directive into English law;

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18  The Authority should be aware that this could include pension scheme related benefits applicable in connection with such termination of employment.