TUPE - MSA Provision

Master services agreement A Jolly Contrarian owner’s manual™ Go premium Overview — Summary — See also — Wikitext Sample text It is not intended that the expiry or termination of this Agreement will give rise to a relevant transfer for the purposes of TUPE. The customer will have no liability to any personnel (or former personnel) of the supplier on the expiry or termination of this Agreement or any SOW. Resources and Navigation Index: Click ᐅ to expand: MSA

Summary

Dealing with the Transfer of Undertakings (Protection of Employment) Regulations, which are designed to protect employees' rights when the business they work for is transferred to a new employer and implemented to comply with the European Union's Acquired Rights Directive, expect a term confirming there is no employment, and if the MSA is terminated, there is no transfer of employment obligations to the client. Belts and braces FAOD stuff.

You may see an indemnity for costs the customer incurs if it does have to take on (and then make redundant) employees are a result of unwanted TUPE activation. This is probably fair, and the sort of thing indemnities were designed for, since it obliges an innocent party to incur a cost it was not expecting and does not really deserve and which arose in the absence of a breach of contract (you can’t really call the invocation of TUPE against the parties’ wishes a “breach”, as such).

See also

• The Well-Crafted Indemnity