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.
Carrying out redundancies and implementing restructuring programmes can be complex. These processes aim to secure the long-term strategic aims of the business, protect it against the risk of claims, and maintain a motivated workforce. These complexities are magnified significantly where large numbers of employees are involved across multiple regions or where they involve a major culture change.
Our market leading team specialises in advising employers on all aspects of redundancy and restructuring. We continue to support organisations throughout the post-implementation process and, if matters become contentious, we have significant experience acting in redundancy and restructuring related disputes.
We work with organisations to:
- Identify when the thresholds triggering collective consultation obligations under the Trade Union & Labour Relations (Consolidation) Act 1992 (“TULR(C)A”) are met
- Plan successful strategies for complying with TULR(C)A information and consultation obligations in the context of collective redundancies and fire-and-rehire exercises
- Advise on the duties of employee representatives, including providing bespoke training
- Ensure that redundancy pooling, selection and consultation processes at an individual level run smoothly
- Develop redundancy severance proposals, and prepare and negotiate settlement agreements
- Comply with obligations under the TUPE Regulations where these arise in the context of restructuring (including where insolvency is contemplated), drawing on the expertise of our specialist TUPE group
- Engage effectively with trade unions, employee forums and European Works Councils, with the assistance of our specialist trade union and collective rights group
- Plan, implement and project manage international redundancy and restructuring programmes, working with our Ius Laboris colleagues
- Defend claims resulting from redundancy and restructuring exercises, for example in the Employment Tribunal and the Central Arbitration Committee
- Assist with post-restructuring integrations and ensuring an effective transition towards business as (new) normal
Restructuring the workplace post Covid-19 - FAQs for employers17 December 2020
The furlough scheme may have been extended to 30 April 2021, but employers are looking ahead to cost-saving measures in the face of ongoing economic challenges.
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.
Employment Tribunals - will this winter see a flurry of claims?07 October 2020
Imminent changes in Employment Tribunal procedures are likely to reduce case backlogs and lead to claims progressing to a hearing more quickly in a climate in which employment disputes are increasing. How will this affect employers?
Government to pay bonus for retaining furloughed workers05 October 2020
The Chancellor has announced a new job retention bonus as part of its Plan for Jobs 2020. Employers who bring workers back from furlough and retain them in employment until the end of January 2021 will qualify for a £1,000 bonus payable after 15 February 2021. Further guidance on the scheme was published on 31 July and 2 October.
Payback time? Types of Covid-19 pay-related queries that may arise25 August 2020
As the furlough scheme starts to wind down and redundancies become more commonplace, employers may face a host of pay-related queries, grievances or claims from employees arising from the workplace upheaval caused by coronavirus.
Crucial question mark over furlough and notice30 June 2020
UPDATE: Since this article was published, the HMRC customer helpline has confirmed to us by telephone (on 2 July 2020) that employers can continue to use the scheme during both redundancy consultation and notice periods (while pointing out that the grant cannot be used for redundancy pay). This is, however, not a legally binding view and there is no written confirmation of it.
Reducing business costs - alternatives to redundancy28 May 2020
When businesses run into financial difficulties and need to reduce costs, the knee-jerk reaction is often to consider the scope for job cuts.