Planning changes?
Make sure you do it properly or your
business will be at risk
When making changes to the way in which you run your business, you must take into account the impact that such changes will have on your workforce in order to avoid costly mistakes. Ideally you should take advice BEFORE you implement your changes but if grievances arise during the process, do not delay in seeking our support before issues spiral out of control.
Business re-structures – re-evaluating your business requirements can often lead to changes in the structure of your workforce. You must have sound business reasons for the changes and consult with the affected employees before you implement the same. We can assist you to manage this process legally and sensitively.
Redundancy - Redundancy is a statutory concept and only applies in certain defined circumstances. Employers often believe that it is easier to just “make them redundant” rather than address an underlying issue. This is not necessarily the case. Once it is established that a genuine redundancy situation exists, there is a process to be followed before employees are selected for redundancy.
We can assist you with the redundancy consultation process by working with you to identify the potentially affected employees, providing scripts for consultation meetings, drafting selection criteria and letters to the employees and calculating redundancy payments.
TUPE – The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) can automatically apply when a business or service (or part of it) is transferred as a going concern. Employees engaged wholly or mainly in the business or service immediately prior to the acquisition of a business or transfer of a service will automatically become employees of the new owner of the business or service provider on their existing terms and conditions of employment. It is essential that (1) certain information is provided to the new owner or service provider regarding the affected employees; and (2) the employees are consulted with about the transfer and its effect on them. Changes to terms and conditions or dismissal in connection with a transfer are generally unlawful. Expert legal advice is essential to ensure that you comply with your TUPE obligations. Our experienced solicitors can ensure that you comply with your statutory duties.
Changes to terms and conditions – Whether you need to reduce your employees to a 4 day working week or reduce remuneration packages, you must follow the correct process to avoid breach of contract and constructive dismissal claims. We can guide you through the process.