Redundancy & Restructuring
Our specialist restructuring and redundancy lawyers work with businesses to devise, implement and manage restructuring and redundancy programmes. These range from large scale, multi-jurisdictional programmes to individual redundancies and cost control measures, such as pay cuts.
Redundancy and restructuring programmes can be complex but necessary processes to secure an employer’s long-term strategic aims. These complexities are magnified when employees are potentially affected in more than one country or an employer is proposing major changes to its culture or overall business strategy.
Our market-leading team specialises in advising employers on all aspects of redundancy and restructuring programmes, including multi-jurisdictional projects by working with our Ius Laboris alliance colleagues. We continue to support employers throughout the post-implementation process. We also have significant experience acting in related disputes if matters become contentious and Employment Tribunal claims are brought by employees or their representatives.
In the context of collective redundancies, including “fire and rehire” exercises, we work with employers to:
- identify when the thresholds for collective redundancy consultation obligations are met;
- plan strategies for complying with collective redundancy consultation obligations, including coordinating advice across numerous jurisdictions;
- afford their employees’ representatives their rights, including providing them with bespoke training;
- ensure that redundancy pooling, selection and individual consultation processes run smoothly and fairly; and
- formulate and implement redundancy severance proposals, including preparing and negotiating settlement agreements.
For further information, please see our guide on collective redundancies.
In the context of TUPE transfers, we work with employers to comply with their obligations under TUPE, including where insolvency is contemplated, drawing on the expertise of our specialist M&A, Outsourcing & TUPE group.
For further information, please see our guide on TUPE.
Trade Unions and Works Councils
Many redundancy and restructuring programmes trigger obligations to engage with recognised trade unions and/or works councils. We draw on the expertise of our specialist Trade Unions and Collective Rights group to assist employers to comply with these obligations in ways that minimise any impact on good ongoing industrial relations and to react to any challenges that do arise.
Reducing business costs - alternatives to redundancy12 September 2022
When businesses run into financial difficulties and need to reduce costs, the knee-jerk reaction is often to consider the scope for job cuts. But redundancies are not a cheap option and, if mistakes are made in the way redundancies are handled, further costs may be incurred on account of tribunal claims.
Redundancy in a remote working world31 August 2022
Remote first, remote only, hybrid working, employers of record…these arrangements are fast becoming normal especially as employers have competed for global talent over the past 18 months and sought to grow despite the great resignation. As the global economy continues to change, what happens if you now need to make redundancies in a remote working world?
Redundancy21 June 2022
This Inbrief looks at how employers can minimise the risk of legal claims when dismissing employees by reason of redundancy. The starting point is making sure that there is a genuine redundancy situation. The crucial thing then is to follow a reasonable procedure, including consulting the affected employees, applying a fair selection process and considering alternative employment. Finally, those dismissed should be given their correct redundancy pay.
Restructuring the workplace post Covid-19 - FAQs for employers25 February 2022
As the furlough scheme has now ended, some employers are focused on cost-saving measures in the face of ongoing economic challenges.
Employment law reform latest – is the government stalling or steaming ahead?24 June 2021
Employment law reform could be inching its way back onto the political radar, with new announcements on “fire and re-hire” and the single enforcement body, plus hints of a summer consultation on flexible working rights. But with no Employment Bill in sight, is this a case of all talk and no action?
I’m still standing - should employers set up a standing body for collective consultation?10 March 2021
Employers may have to contemplate difficult decisions as they look ahead to the lasting effects of the pandemic, including potentially making redundancies. This article discusses whether now might be an opportune time for employers with no recognised trade union to set up a standing body for collective consultation purposes.
Collective redundancy consultation – do you need to look back before moving forward?02 December 2020
A recent European Court of Justice ruling suggests that employers should look at a “rolling” 90-day period when ascertaining whether collective redundancy consultation is required. While this has potentially significant implications, the end of the Brexit transition period may limit its fallout.