Ahh....TUPE
Transfer of Undertakings Protection of Employment, an oft emotional and misunderstood subject.
Firstly - does it apply in this case - most likely yes
As such the two sets of employers would, under law, be required to follow certain protocols relating to notification to each other and affected employees as to:
Numbers of and
names of individual employees affected
Contract Terms and Conditions of affected employees
When a transfer takes place the terms and conditions of affected employees are also transferred, but NOT pension rights
Union Recognition and Collective Bargain rights are only transferred if the affected employees and the contract that they perform retain a seperate identity, for example a Management Company taking over a waste contract when it has no other similar contracts.
In this case transferred employees will almost certainly not retain a seperate indentity, so any previously aquired rights will not apply.
The new employer can not terminate the employment of a transferred employee soley on the basis of the transfer, that would be deemed as unfair dismissal. It can however dismiss employees, as long as the process is followed correctly, on the basis of an Economic, Technical or Organisational (ETO) reason.
Economic- example: to many staff and resultant overhead
Technical- example: transferred employees do not have relevant technical skills
Organisational -example: restructure of management or company location
As an example in the aviation world;
Win contract with: different crewing levels, different aircraft, different base - then ETO may apply.
Sound familiar in this case?
To follow ETO reasoning, and there is nothing laid down as each case will be assessed on its merits if it goes to any form of legal redress, most companies will follow the redundancy model as it offers the most robust likelyhood of a favourable outcome at court.
Remember that redundancy costs are bourne by the new employer, not the old, under TUPE.
Any redundancy only has to be statutory as a minimum.
In simple terms statutory redundancy pay is
0.5 weeks pay for each full year of service where your age was under 22
1 weeks pay for each full year of service where your age was 22 or above, but under 41
1.5 weeks pay for each full year of service where your age was 41 or above
So, despite previous posts in this forum, will not lead to pilots "rubbing their hands together" re "huge" payouts.
I'm no expert, there are plently of online and other references to help you understand TUPE. My advice, for what it is worth, is get collective or individual advice as employess affected by the Transfer. BALPA can assist individually, but not collectively - for the reasons described above, in discussions with the new employer.
Talk to your new employer before the transfer, TUPE allows for this and requires your current employer to allow it also.
Don't get to emotional and don't get angry about it - some of the regulations seem illogical at times but the are just that - regulations and there is no point shouting and screaming about them, unless its down the pub with other crews.
However, all regulations are open to interpretation and that is why it is so important to get good quality advice.
Finally, remember that if all goes well you will transfer to your new employer with your contract T and C's protected under the transfer, you are going to be working with new CP's, Flight Ops Directors etc as your new bosses and regardless of the LAW, they will not want to be inheriting a pain in the xxxx
Keep it real
PS I'm not a lawyer and accept no responsibility for any of the above!!!