TUPE does not apply to:
- transfers by share take-over because, 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
We were also told by our union rep it was a share take over which meant all staff would be transfered to begin with & that the company contuines the operate as normal. As the servisair brand stil exists & basically swissport would own the same as Derichebourg does now. We all know that the company trys to negotiate new T&Cs for our contracts thats nothing new, just look at our pay talks. Also it being a share buy out instead cash buy out, meants swissport would not pay compension on all the handling contracts. That would be cancelled if servisair was the close business. Its that time of year where rumours will fly til the two companies meet to discuss the issue of transfer,etc.