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

Numbers Engaged in Early Conciliation Continue to Rise

Numbers Engaged in Early Conciliation Continue to Rise

ACAS, the statutory conciliation service, has reported a 21% increase in the number of Early Conciliation notifications it received in 2018/19. Making an Early Conciliation notification is the first step a potential claimant must take if they intend on issuing certain claims against their employer. Once the Early Conciliation notification has been made, ACAS will…

Read More

MyGMPD

We are delighted to partner with MyGMPD as Subject Matter Experts to provide professional development training and content to Global Mobility specialists across a range of industries and companies. Launched in 2019, MyGMPD aims to provide a professional development programme to improve skills and specialist Global Mobility knowledge leading to accreditation and recognition. Our specialist…

Read More

BritishAmerican Business Publication Launch

As part of our close collaboration with BritishAmerican Business (BAB) we have been working with them this Summer on their Trade and Investment Guide to the UK. With so much political uncertainty in the UK leading up to the 31st October Brexit deadline and the potential for a future trade deal with the US under…

Read More