TUPE? But what about the receiving end?
 

A question for the legal minds.

TUPE law is easily accessible and in the main it is clear in regard to how the employees of a company, which is the subject of a takeover, are treated.

However, what about the other side of the coin?
Employees of the company carrying out the takeover. What legal rights do they have?

I am suddenly in the position where my employment is 'at risk' due to a takeover. My employer is the one with the money buying the other.

It seems that TUPE is protecting one side but not the other. Can my job really be taken by an individual from another company due to the law protecting their T & Cs but not mine?

I have searched on the net but I can't find any employment protection for someone in my position.

Any help appreciated. :ok:

I'm no expert on this but it seems the usual way employers get round this is to make your role redundant.

They then re-invent it with some other additional responsibilities and give it a different name.

Thanks for the swift response jock.

From what I understand from my employer my job role is not being made redundant, nor is it changing.

If there are 2 of you, one from each company, with the identical role but only one job remaining after the merger, then the company would often hold a "run off" where you both re-apply for the one job.

As the sitting tenant you should have a good headstart in that process, assuming you have performed well in the past!

Time to brush up the cv methinks.

Thanks one and all.:ok:

TUPE protects their terms and conditions. They also cannot be dismissed simply because of the takeover. However, if, once the newco is up and running, there are say, 2 people for one job, then the acquired people are in exactly the same position as the employees of the Co doing the acquiring.
Some sort of "fair" competition for the job/"vacancy" is required.
I think this is a reasonably good guide.
Basic Guide to TUPE

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. :eek:

it is my understanding that this can be done prior to the merger but not after. TUPE prevents staff being made redundant for a period after just because of staff levels. However the water is muddy because it can be done for commercial reasons. If the company identifies a group of people it can then apply a matrix to determine who is made redundant. E.g saying all CC get 1,000 points and anyone with 1000 points is redundant is not legal but weighting can be applied as the company see's fit. I am no legal bod by the way