TUPE
The TUPE issue is very interesting. TUPE allows the staff to be transferred from one company to another and maintain their terms and conditions. If a staff member can be proved to work for a majority of their time on a contract, usually 55% of their time or more, then the staff can transfer with the work.
In this case Servisair close down and leave Aviance as the sole agent, Presumably Aviance pick’s up all the work and therefore under TUPE take all the staff. Presumably Aviance will then be overstaffed and have to undertake a redundancy program which they have to fund and which must include all staff from both Aviance and Servisair equally. Aviance will then have to pay the redundancy costs and Servisair will have walked away with no redundancy costs.
If this is the case then the laws an ass.
Last edited by STN Ramp Rat; 6th April 2009 at 07:12.
Reason: adding a comma