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

EU Settlement Scheme

Today marked the start of the public test phase of the EU Settlement Scheme. The EU Settlement Scheme provides a basis, in line with the draft Withdrawal Agreement published on 14 November 2018, for EU citizens resident in the UK, and their family members, to apply for an UK immigration status. This will be required…

Read More

British Citizens in Europe

British Citizens and EU Member State Immigration Policy Preparing for a “no-deal” Brexit On Tuesday 15 January 2019 Members of Parliament (MPs) rejected the Withdrawal Agreement negotiated between the British government and the European Union. British nationals and their family members who are currently working and living in EU member states face immigration uncertainty if the UK leaves…

Read More

Brexit – The Meaningful Vote

Following extensive debate in the House, and more widely across the country as a whole, it appears likely that the Government’s deal will be rejected by MPs. What happens next? If the House approves the Withdrawal Agreement, a transitional period will commence at 11pm on 29th March 2019 that is set to last until 31st…

Read More