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Workforce Restructuring and Redundancies

Workforce Restructuring and Redundancies

Our specialist workforce restructuring lawyers work with our corporate clients to create, implement and manage workforce restructuring programmes, redundancy and collective consultations in the UK and mainland Europe – building upon our established network of top-level European employment lawyers. Our team co-authored and is the editor of the leading legal practitioners’ textbook on restructuring in Europe, and we have excellent working relationships with top level employment lawyers  in each member state of the EU and beyond.

Restructuring projects range from cross-border reorganisations for global listed corporations, to more bespoke reorganisations for UK businesses.

Individual Redundancies

We support employers to:

  • plan for strategies to  minimise the risk of legal claims when dismissing employees by reason of redundancy;
  • assess and understand the costs implications of a redundancy exercise; and
  • provide implementation support as necessary, including on pooling of employees, selection criteria, how to conduct and document the individual information and consultations with impacted staff,

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.

Collective Redundancies

We support employers to:

  • plan strategies for complying with collective redundancy consultation obligations, including coordinating advice across numerous jurisdictions;
  • support and project manage the nomination of candidates and election of an employee representative body for the purposes of collective consultation;
  • provide bespoke training to members of employee representative bodies concerning the scope of their responsibilities and role
  • 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.

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.

TUPE Transfers

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.

Employee Representative bodies

Many redundancy and restructuring exercises trigger obligations to engage with either a pre-existing employee representative forum or one that is specifically formed for the purposes of information / consultation concerning a workforce relevant project.

We assist employers to comply with these obligations, including:

  • support and project manage the nomination of candidates and election of an employee representative body for the purposes of collective consultation;
  • provide bespoke training to members of employee representative bodies concerning the scope of their responsibilities and role;
  • support in bringing in place a voluntary arrangement for an employee representative forum as a standing information/consultation body, including negotiation support on an information and consultation agreement;
  • support employers in situations where a employee request has been triggered for the  compulsory establishment of an employee representative forum.

Please contact Edzard Clifton-Dey for further information.

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