Sorry for the delay in replying. The following describes TUPES:
When an organised group of people, eg employees, and assets - known as a stable economic entity - is transferred from one business to another
and retains its identity after the transfer, the transfer falls under the scope of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
Not all transfers are relevant transfers. TUPE does not apply in the following instances:
•
Transfer by share takeover. When a company's shares are sold to new shareholders, there is no transfer of the business - the same company continues to be the employer.
• When a business transfers assets only, eg if equipment is sold.
• Transfers of undertakings situated outside the UK - although similar provisions apply in the EU.
• Change of business identity, eg if the work or organisational structure changes radically.
As I read it the share buy and the fact that the assets shall be merged into a different brand/company operating to a different C of A and Ops manual, preclude bmi from adhering to TUPES. Once the A/c are in bmi colors (end of summer timetable) i think some big changes will be afoot. bmi press release also states that Bmed have 750 staff, and they shall operate as the currently do for the immediate future, (i.e until october).
Although I know BALPA can be our saviours, they have been proved wrong before and may well again on this one. I know you have one or two ex bmi capts with you, ask them what they think may happen? but trust me, always have an adequate alternate.
Please ignore my handle!! it came about years ago and if I was one to gripe I'd post more than 20 times in 5 years.
