Reorganisation of business and redundancy
Reorganisation of business
Business mergers, acquisitions and outsourcings can present significant challenges for employers, particularly if TUPE is involved. You may, for instance, need legal input regarding employment liabilities, warranties and indemnities or advice on the implications of TUPE applying (such as the obligation to inform and consult). We are experts in this area of employment law and can provide a seamless solution to all your TUPE dilemmas. We'll guide you through the process and provide you with clear, commercial advice that takes into account your business objectives whilst also meeting the complex legal requirements. We also provide advice on collective consultation, pensions, harmonisation of employee terms and conditions and management of cross-border issues.
Examples of relevant work
- Wilson v St Helens Borough Council - seminal House of Lords case on changing terms and conditions after a TUPE transfer
- Takeover of Carr Sheppards Crosthwaite by Rensburg plc - advising CSS on all employment aspects of transfer
- SCA's purchase of Proctor and Gamble's paper and soft tissue production in Europe - advising SCA on all aspects of the transfer across Europe
- Advising Grant Thornton LLP on the employment aspects of its merger with Robson Rhodes LLP
- Advising a major company on the employment aspects of an agreement to provide facilities and support services to a competitor
As an employer, it's imperative to adopt and follow a fair procedure in any redundancy situation. Failure to do so can lead to claims in the Employment Tribunal for unfair dismissal and failure to comply with consultation obligations. We guide financial institutions and companies through all aspects of the redundancy process, including selecting the redundancy pool, identifying and applying redundancy criteria, reviewing alternative employment opportunities and fulfilling both individual and collective redundancy consultation obligations.
We advise on both statutory and enhanced redundancy payments and handle challenges by employees against their selection for redundancy and related unfair dismissal claims.