Originally Posted by
lookwatchthis
A couple of inadvertent innacuracies have crept in to this thread. Firstly, TUPE, the regulations that protect employees' terms and conditions when a business is transferred, do not apply where a business is transferred by means of share purchase and secondly, even in circumstances where TUPE does apply, pension benefits are expressly excluded from the TUPE regulations.
You are correct to point out that pensions are excluded from TUPE but your first point does not make sense. BA are selling (giving away) BACon. In return BA will receive a 15%
share, not 15% of the
shares .Therefore the transaction will not be viewed as a share purchase and TUPE will apply.