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

Visit the UK

COVID-19

The UK Home Office has issued further guidance in respect of immigration provisions for UK migrants both inside and outside of the UK, in light of COVID-19. Migrants currently in the UK Visas expiring between 24 January 2020 – 31 May 2020 Individuals who are in the UK legally and whose UK visa is due…

Read More
CoronaVirus

Coronavirus Job Retention Scheme

There are a lot of “updates” circulating around the Coronavirus Job Retention Scheme.  All similarly light on detail because, put simply, there is limited detail.  However, there are some things we do know, some we know to a degree, and some we can hazard an educated guess at (maybe). Normally I’d wait for the detail…

Read More
CoronaVirus

Coronavirus – Updated Advice on Employer Obligations

The landscape in relation to COVID 19 is constantly changing as governments reach decisions on what they believe to be best for their citizens – and, let’s be frank, their economies! Along with the immediate health (and health and safety) considerations, the long term economic impact is not something that any employer can ignore –…

Read More