Our specialists employment team supports the full range of corporate transactions. We frequently work alongside our clients’ in-house corporate team and/or their external corporate advisers to:
- undertake bespoke employment and HR due diligence services;
- help identify employment and HR issues that affect price;
- establish and understand critical HR and workforce issues early in the transaction, identify their relevance and ensure appropriate protections are built into documentation;
- identify key strategic HR decisions required, based on the nature of the transaction
Frequently corporate transactions trigger the need to inform and consult with employees (or their representatives) in good time prior to the transaction taking place (TUPE consultation). Any such consultation is not part of the corporate transaction itself but often required to “frontload” the transaction.
Where the need for (often time-consuming) employee consultation is overlooked, this can then frequently derail the anticipated timeline for the corporate transaction. We recommend involving our team early in the transaction to identify any such requirements.
We support employers to:
- plan strategies for complying with their information and consultation obligations under TUPE;
- project manage the nomination of candidates and the election of an employee representative body for the purposes of TUPE information and consultation;
- provide bespoke training to members of employee representative bodies concerning the scope of their responsibilities and role; and
- plan and manage the workforce implications of outsourcing/offshoring projects and divestments
We continue to support employers throughout the post-implementation process, including on disputes if matters become contentious and Employment Tribunal claims are brought by employees or their representatives.
We have developed a specialist expertise to provide employment support on group reorganisations, particularly in hive-up scenarios, where the net assets of, and business undertaken by, a subsidiary are transferred up into the parent company.
Please contact Edzard Clifton-Dey for further information