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.
- Individual redundancy implementation
- Restructure processes
- Collective redundancies
- Application of TUPE on a sale/purchase of a business
- Application of TUPE on out-sourcing or in-sourcing of services
- Negotiation of service provider agreements with appropriate TUPE indemnities.
Gaming company
We advised a leading gaming company on the scope for flexibility in its structuring of a corporate reorganisation having regard to the possible impact of TUPE on the proposed structure.
Theatre company
We advised a theatre group on the insourcing of a ticketing personnel from a ticketing company including the negotiation of the commercial transaction with appropriate TUPE indemnities.
International fashion retailer
We advised a high profile fashion retailer on several senior executive redundancies, involving ‘protected conversation’ negotiations and settlements and thereby avoiding a compulsory redundancy process.
Charity organisation
We advised a large charity on the collective redundancy process in making over 30 employees redundant as part of a restructure.
Howard Hymanson
Partner
E: howard.hymanson@harbottle.com
T: +44 (0)20 7667 5000
Marian Derham
Partner
E: marian.derham@harbottle.com
T: +44 (0)20 7667 5000
Yvonne Gallagher
Partner
E: yvonne.gallagher@harbottle.com
T: +44 (0) 20 7667 5000
Poppy Lucas
Senior Associate
E: poppy.lucas@harbottle.com
T: +44 (0)20 7667 5000
Sarah Verrecchia
Senior Associate
E: sarah.verrecchia@harbottle.com
T: +44 (0)20 7667 5000
Mark Primrose
Associate
E: mark.primrose@harbottle.com
T: +44 (0)20 7667 5000