Just because they're different companies, that doesn't mean TUPE shouldn't apply.
When rail franchises change from one company to another, TUPE normally applies.
TUPE would apply in a scenario similar to when TSW replaced Westward as it took over the entire company but it may not apply in a scenario similar to when TVS replaced Southern as it took over the studios of Southern but not the company
TUPE wouldn't have applied or been necessary in the TSW/Westward case as the old company was bought by the new one. So it's just like any other company takeover - for example when Sky changed ownership last year.
Incidently ATV/Central was the same company but different structure and shareholding so it wouldn't have applied there either
TUPE is to protect employees during a change of contractor or outsourcer. They're continuing their job but the company who employs them changes.
Rail franchises are a good example of TUPE, there the service provided is essentially outsourced by the government. The staff and the trains and the infrastructure remains no matter which company manages the service. Therefore when that company changes they're TUPEd over
The 1993 ITV changes weren't applicable for TUPE as they were companies losing work - they just didn't get a new license as it was given to someone else. It's the equivalent of company A losing a contract to supply a supermarket to a rival, company B. How company A manages to continue trading and what happens to its staff is up to them and Company B has no responsibility for its rivals staff.
The successor companies in 1993 were also different business models - smaller and publisher broadcasters rather than producers so jobs couldn't have been all transferred
Last edited by Inspector Sands on 8 July 2019 9:25am