Another question.
TUPE applies to identical (or at least very similar job roles) when there are more employees after a transfer than are required.
Is it legal for an organisation to substiute one job role for another as part of it's TUPE transfer process?
EG Company 'A' is taken over by company 'B'.
Company 'A' has lots of pilots and company 'B' has too many cabin crew.
Can Company 'B' replace it's excess cabin crew by pooling the pilots from company 'A' into a selection pool, selecting the pilots from 'A' by a points based selection criteria such as "Do you hold a CPL?" = 20 points. "Do you hold a First aid certificate" (or other essential qualification for a cabin crew)? =5 points.
Thereby making the cabin crew redundant and retaining the pilots.
I ask because this very same scenario is playing out within a large british airline except I have changed the above job roles to protect the innocent.
