Redundancy & Restructuring

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.

Our collective and individual redundancies packs are designed to assist employers in carrying out redundancy exercises and include example documents, communications and timelines. If you would like to find out more, please contact us. If you would like further information, our Inbrief looks in detail at how employers can minimise the risk of legal claims when dismissing employees by reason of redundancy.

Collective Redundancies

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.

TUPE Transfers

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.

For further information, please see our guides on information and consultation, trade union recognition and industrial action.