Redundancy & TUPE

Redundancy and restructure

Redundancy processes are a difficult time for business leaders. There are many rules regulating the process and if you do not comply you could find yourself accused of unfair dismissal or facing expensive pay-outs to employees under the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of collective redundancies.

We can guide you through an individual redundancy process as part of an ad hoc redundancy of one or a few individuals or as part of a restructure. For larger redundancy programmes we can advise on whether the collective redundancy rules apply and guide you through the complex process including election of employee reps and collective consultation.

On a redundancy or restructure we will devise a commercial approach which complies with the relevant legal obligations and requirements, whilst taking into account wider issues of costs, employee morale and business continuity and business reputation.

TUPE

The sale or purchase of a business  can involve the complex issue of  the application of  ‘TUPE’ (Transfer of Undertakings (Protection of Employment) Regulations 2006 including the obligation to inform and consult with relevant employees. TUPE may also apply when out-sourcing services, or bringing  services in house or  on the change of a service provider. Failure to understand and comply with your obligations under TUPE can prove costly for an employer potentially  involving paying compensation to employees for failure to consult and also the liability for employees who have transferred over on a sale of a business or on a change of service provider.

On a transfer of a business or a service provision change we can advise on whether TUPE applies and your obligations whether as a transferor or a transferee including the consultation process and also the negotiation of indemnities  from the seller or purchaser of a business or an incoming service provider.