Open Navigation

Employee Protections

The legal protections available to employees can be complex and confusing. Our experts help ensure you know your rights.

Employers will look to make changes to their workforce from time to time adapting to market conditions and changes in legislation. However, if care is not taken, employers risk breaching employees’ rights with potentially serious consequences.

Businesses restructures can take a number of guises and the rights of employees will depend on the circumstances at hand.

These could include situations where a role is eliminated (see our pages on redundancy), transfers to a new employer (see our section on TUPE) or is moved within the business.

There are many employee protections available to employees who may be affected by a redundancy situation. These include the right to a trial period if, in the course of the restructure, you are offered an alternative role. During this 4 week trial period both employee and employer have an opportunity to assess whether the new position is a good fit. If the role isn’t right for the individual then, provided the trial period has not yet come to an end, he or she can give notice and retain any entitlement they have to a redundancy payment. Additionally if an employee is to be made redundant and, by the end of their notice period, they will have been employed continuously for two years, they are entitled to reasonable paid time off to find a new job.

Employees may also be protected even if a restructure does not result in their employment coming to an end. For example, if the role is continuing but during the process of the restructure the employee has been treated particularly badly by their employer, he or she may consider resigning and claiming constructive dismissal (see our pages on constructive dismissal). Similarly, if an employer tries to force employees to agree to detrimental terms and conditions of employment, which could include a reduction in salary or working hours those employees may, in limited circumstances, be entitled under law to consider themselves to have been dismissed.

There are many legal protections available to an employee affected by a restructure. We help you understand what those are and how to best protect yourself.

 

News

Documents 3C Leave: A Landmark Judgment

What is Section 3C leave?  Section 3C is a section of the 1971 Immigration Act, the legislation which underpins the UK Immigration Rules. It applies to all visa applications (importantly, this means it does not apply to British Citizenship applications).   Where an in-time visa application is made to vary or extend leave to remain in…

Read More

Spotlight on EMEA Series: Saudi Arabia

In this post we highlight the requirements of the Ministry of Human Resources and Social Development (MHRSD) in Saudi Arabia urging all private sector businesses/employers to update the location data o their branches.  Updates are to be made via the ‘establishment location management’ service available through the Qiwa platform.   The updates to the establishment…

Read More

Spotlight on APAC Series: Thailand

In our Spotlight on APAC series we round up the latest immigration developments across the region.  In this post we focus on the changes to immigration opportunities for Thailand that became effective on 1 June 2024.   As part of a focused strategy to attract more tourism and long-term visitors to Thailand, the Government will…

Read More