Any business restructure requires careful planning, whether an acquisition or downsizing, and employers must ensure that the correct employment protocols are followed. Whether in relation to redundancy consultation with employees, Trade Unions or elected representatives, or in relation to the application of the Transfer of Undertakings (Protection of Employment) Regulations (2006), failure to properly inform employees of plans or consult in relation to changes can be an expensive mistake. Deciding when to inform the workforce can be a key challenge, as business acquisitions, business sales and redundancies are often highly sensitive topic which need to be kept confidential. However, in some instances the legislation requires early notification and employers need to understand those requirements in order to make informed decisions about risk.
Any business restructure requires careful planning, whether an acquisition or downsizing, and employers must ensure that the correct employment protocols are followed.
Restructuring is not an easy process. We can guide you through the options.
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Redundancy
The reason for a redundancy, careful documentation is needed from an early stage. The rationale...Read More
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TUPE
This ‘automatic transfer’ will preserve employees’ terms and conditions of employment and their continuous period...Read More
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Employee Protections
These could include situations where a role is eliminated (see our pages on redundancy), transfers...Read More
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Due Diligence
Whilst certain Employee Liability Information (“ELI”) must be given to the new employer this may...Read More
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Changing Employment Terms
As a general rule, a contract can only be amended if the contract allows for...Read More
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Collective Consultation
Firstly, an employer must normally identify who the ‘appropriate representatives’ of affected employees will be...Read More
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Consolidating the Workforce
On occasion consolidation becomes necessary following a business acquisition. If this applies, additional considerations must...Read More
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Protective Awards
If an employer fails to comply with its collective consultation obligations under TULCRA (further information...Read More