Servisair / Swissport
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Swissport ,Servisair
Work for Servisair for past 10 years as a ramp trainer,I'm worried about the takeover by swissport I've heard they will not keep our terms and conditions as it's not a tupe transfer,,my question is , do they pay less money and if I had the chance of a job with Menzies should I bail out now ,before it's too late.bit worried about the future with swissport. Advice would be helpful
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The referral to the monopolies comission is not always straight forward, as they can approve the takeover and then months later will investigate the company after claims that they have "too big a share" of the relevant market.
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Swissport/Servisair
Dick Dasterdly
Read my previous posts on this subject which will answer your questions.
The employer has to give the employee 3 months notice to change your T & C's.
Then you either agree to the change or put it in dispute.
Regarding should you bail out only you can answer that,you may be entitled to redundancy(only if you have employed for over two years) if there is not job for after the takeover.
Something else you may want consider is if you bail out is any better than staying where you are, my experience is all handling agents are all very much the same.
Give your fulltime Union officer a ring and they will advise you.
Read my previous posts on this subject which will answer your questions.
The employer has to give the employee 3 months notice to change your T & C's.
Then you either agree to the change or put it in dispute.
Regarding should you bail out only you can answer that,you may be entitled to redundancy(only if you have employed for over two years) if there is not job for after the takeover.
Something else you may want consider is if you bail out is any better than staying where you are, my experience is all handling agents are all very much the same.
Give your fulltime Union officer a ring and they will advise you.
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Tupe transfer
We were told by our union reps that because of the way the takeover is being done,something to do with a share buy out,we would not get the tupe transfer,it's a good way for companies to get round this.we were told they will look at people's contracts further down the line.basically they offer you a new swissport contract if you don't want it then it's bye bye,no second chance.i would like to know what swissport pay their ramp guys as an hourly rate to compeer.people say Servisair are the best payers ,I'm finding that hard to believe.
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I can't talk for that far up north, but at MAN...
Average Swissport loader is between £7.00-£7.80 flat rate.
Average Servisair loader is between £8.00-£9.00 flat rate.
Difference being Servisair staff get various extra payments, shift pay, night pay, sick pay etc etc, Swissport staff get a flat rate regardless of hours worked.
Someone worked it out and worked out about 20% less a year at swissport
Average Swissport loader is between £7.00-£7.80 flat rate.
Average Servisair loader is between £8.00-£9.00 flat rate.
Difference being Servisair staff get various extra payments, shift pay, night pay, sick pay etc etc, Swissport staff get a flat rate regardless of hours worked.
Someone worked it out and worked out about 20% less a year at swissport
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Servisair / Swissport
DIck Dasterdly
That's interesting - we've been told by our Union that it will be a TUPE transfer. If you google "TUPE transfer" it would appear that this is a clear case where TUPE would apply.
That's interesting - we've been told by our Union that it will be a TUPE transfer. If you google "TUPE transfer" it would appear that this is a clear case where TUPE would apply.
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Servisair/Swissport
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
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Servisair / Swissport
Swissport are not just buying the shares. They will take over the running of the business just as Servisair did when they bought Aviance, otherwise what is the point?
The Swissport website press release says "Swissport to acquire Servisair" and refers to the benefits of "combining the two companies".
The Swissport website press release says "Swissport to acquire Servisair" and refers to the benefits of "combining the two companies".
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TUPE
OK to be clear.......
The acquisition of Servisair by Swissport will not be a TUPEtransfer as it’s a share transfer
“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”
The subsequent merger of Servisair into Swissport should be a TUPE transfer but Iam sure they will try to avoid this if they can
The acquisition of Servisair by Swissport will not be a TUPEtransfer as it’s a share transfer
“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”
The subsequent merger of Servisair into Swissport should be a TUPE transfer but Iam sure they will try to avoid this if they can
Last edited by STN Ramp Rat; 26th Sep 2013 at 22:36.
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Tupe
Of course it will be a TUPE transfer, Servisair has been sold to swissport, exactly the same as when Servisair bought Aviance. There is no wriggle room.
I would suggetst those involved make themselves familiar with Contract Law.
I would suggetst those involved make themselves familiar with Contract Law.
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Servisair / Swissport
Where are you getting this information from and do you have it in writing from either your Union (which one btw?) or Servisair. The memo we were issued advised us that if Swissport do get approval to buy Servisair it would be considered a TUPE transfer.
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From ACAS Website:
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
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
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From ACAS Website:
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
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Servisair/ Swissport
In my view if its TUPE or not the same applies, need to give three months notice to change an employees contract, unless you agree the change.
If you disagree to the change you can put it in dispute.
This should be dealt with by your full -time Union Officer not by what someone has said down the smoking hut
If it is a TUPE transfer the employer will still try and get you on a new contract but remember you do not have agree depends if you have any B
ks or not !
If you disagree to the change you can put it in dispute.
This should be dealt with by your full -time Union Officer not by what someone has said down the smoking hut
If it is a TUPE transfer the employer will still try and get you on a new contract but remember you do not have agree depends if you have any B
ks or not !
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Also from the ACAS website.
Transfer of undertakings (TUPE)
Key points
TUPE applies when an undertaking or part of it is transferred from one employer to another where:
Swissport are buying Servisair to consolidate and expand their position in the global ground handling market not as part of some investment portfolio. STN Ramp Rat and Dick Dasterdly I notice you still can't provide anything in writing from either your Union or Servisair to back up what you are saying. Servisair has changed ownership at least twice since I've worked there but both times our employer remained unchanged and the only changes were minor uniform alterations and new ID cards (Globeground, Penauille, then back to Servisair). This time however we will all become Swissport employees hence TUPE will apply. Swissport will want to run the business themselves.
Transfer of undertakings (TUPE)
Key points
TUPE applies when an undertaking or part of it is transferred from one employer to another where:
- all or part of a sole trader's business or partnership is sold or otherwise transferred
- a company, or part of it, is bought or acquired by another (if the second company buys or acquires the assets and then runs the business rather than acquiring the shares only)
- two companies cease to exist and combine to form a third
- a contract to provide goods or services is transferred in circumstances which amount to the transfer of a business or undertaking to a new employer.
Swissport are buying Servisair to consolidate and expand their position in the global ground handling market not as part of some investment portfolio. STN Ramp Rat and Dick Dasterdly I notice you still can't provide anything in writing from either your Union or Servisair to back up what you are saying. Servisair has changed ownership at least twice since I've worked there but both times our employer remained unchanged and the only changes were minor uniform alterations and new ID cards (Globeground, Penauille, then back to Servisair). This time however we will all become Swissport employees hence TUPE will apply. Swissport will want to run the business themselves.
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Tupe
Your right we have nothing in writing because we have been told very little,our full time rep told us that tupe would not apply,however it's no surprise that we are all being told different stuff.will the union and the workers all stick together when the time comes,no chance we never do which is why we have never had a pay rise for years.the management know they can do what they want and they will.seen it all before it's like when the company proposes new shift patterns,the union shout a lot but in the end tell us we should just accept them.when this all happens we all need to stick together it's the only way.ive just got a bad feeling about the whole thing,let's face it they are not gonna turn round and say here we think you should all have a pay rise,hope I'm wrong.pretty sure we will be the last to know anyway.
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and from my side I maintain what I said, Servisair will be acquired by Swissport through a share transfer hence no TUPE, I then expect them to close Servisair and merge it into Swissport hence TUPE.
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Any updates ?, it seems to have gone very quiet, the latest "unofficial" heresay that we had from management that the deal would be finalised by the end of the year and that the integration would be a gradual process.