Effective Solutions for Redundancy and Restructure
Conducting a redundancy or restructure exercise fairly, safely and objectively.
What is redundancy?
Redundancy arises only in the three very narrowly defined circumstances summarised below. Confusion often arises because ‘making someone redundant’ is often used as a euphemism for saying an employee is being dismissed for some reason other than redundancy.
Redundancy arises when either there has been or is going to be either:
- The closure of the business
- The closure of the workplace
- a diminution in the need for employees to do work of a particular kind
If, and only if, one of these situations has arisen will the redundancy be a genuine one.
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What is a restructure?
Restructures occur when an organization decides to bring about a drastic or fundamental internal change that alters the relationships between different components or elements of an organisation or system and affects jobs.
Is there a procedure we need to follow?
When dealing with either redundancies or restructures there are certain procedures that need to be followed. Every redundancy and restructure is completely different and whilst the same legislation and processes apply, how they are implemented needs to be bespoke to each situation.
What happens if I don’t get it right?
It is of the utmost importance that employers start thinking about redundancies and restructures early and implement sufficient planning to reduce the consequences. Often employers make the mistake of pushing redundancies through too rapidly. The employer is open to several claims if the redundancy dismissal is not carried out fairly including:
- a claim for a protective award
- unfair dismissal for qualifying employees with two years of continuous service. There are also certain categories of automatically unfair dismissal which do not require two years of continuous service.
- discrimination – if the selection procedure has been tainted by discrimination, an employee may also claim discrimination on grounds of sex, marital status, race, disability, sexual orientation, or religion or belief
- breach of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 or the Fixed-term Workers (Prevention of Less Favourable Treatment) Regulations 2002.
It is of the utmost importance that employers start thinking about redundancies and restructures early and implement sufficient planning to reduce the consequences. Often employers make the mistake of pushing redundancies through too rapidly.
The employer is open to several claims if the redundancy dismissal is not carried out fairly including:
- a claim for a protective award
- unfair dismissal for qualifying employees with two years of continuous service. There are also certain categories of automatically unfair dismissal which do not require two years of continuous service.
- discrimination – if the selection procedure has been tainted by discrimination, an employee may also claim discrimination on grounds of sex, marital status, race, disability, sexual orientation, or religion or belief
- breach of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 or the Fixed-term Workers (Prevention of Less Favourable Treatment) Regulations 2002.
What help can we give to you?
As well as providing legal advice on any aspect of redundancy or restructuring, our Employment Law and HR Adviser team includes HR practitioners who can come in and implement appropriate redundancy processes for you, leaving you free to run your business.
Our HR practitioners are trained to understand the important HR issues and to make sure all redundancy and restructuring procedures are compliant from an employment law perspective – giving you the peace of mind that if any disputes arise you will be in the best position to deal with them.
We work on day and half-day rates and remember, if you are a Watertight member, you get 10% off our fees.
Frequently Asked Questions
What is a corporate restructure, and why do companies undertake it?
A corporate restructure is a strategic process where a company makes significant changes to its organizational structure. This can involve mergers, acquisitions, downsizing, or other changes aimed at improving efficiency, competitiveness, or profitability. Companies undertake restructuring to adapt to changing market conditions, improve operations, or align with a new business strategy.
What are the key reasons for implementing a redundancy plan in an organization?
Organizations implement redundancy plans when they need to reduce their workforce due to various reasons such as economic downturns, changes in business direction, or the adoption of new technologies that make certain job roles obsolete. Redundancy plans help companies manage staff reductions in a fair and legally compliant manner.
What legal considerations should be taken into account during a company restructure or redundancy process?
Legal considerations during a restructuring or redundancy process are crucial. Companies must adhere to employment laws and regulations, which can vary by jurisdiction. Key legal considerations include fair selection criteria, consultation with affected employees or representatives, and providing adequate notice and compensation as required by law.
How does the redundancy process typically work, from notification to final resolution?
The redundancy process typically involves several steps:
Notification: Employees are informed of the redundancy situation.
Consultation: Employers consult with affected employees and may explore alternatives to redundancy.
Selection: A fair and objective process is used to select employees for redundancy.
Notice Period: Affected employees serve a notice period, during which they may receive redundancy pay.
Final Resolution: After the notice period, employees are formally terminated, and any final payments are made.
What role does HR play in managing a company’s restructuring and redundancy processes?
HR plays a critical role in planning and executing restructuring and redundancy processes. They are responsible for legal compliance, communication with employees, helping to select employees for redundancy, and providing support to affected staff, including guidance on benefits, retraining, or outplacement services.
What are the potential consequences for employees during a redundancy or restructuring?
Employees affected by redundancy may face job loss, which can have financial, emotional, and professional implications. However, companies often provide severance packages, counseling, and assistance with finding new employment to mitigate these consequences.
Are there alternatives to redundancy that organizations should consider first?
Yes, organizations should explore alternatives to redundancy before making workforce cuts. Alternatives may include retraining employees for different roles, implementing part-time work, job-sharing, or offering voluntary redundancy packages. These options can help retain talent and minimize the impact on employees.
Upcoming Events & HR Training for Employers
As experienced HR Advisors and Employment Law solicitors we see first-hand how HR issues can affect both the employee and the employer.
Our training is very well received by attendees and is delivered by lawyers and HR advisors, with combined knowledge and expertise, in a practical way which works for your business.
Bhayani Law clients and charities get discounts on our training and some of our training is available at discounted rates with public funding between 40-100%.
Our events allow you to meet other businesses and build your connections, so do book if you want to come along.
October Meet-Up and Networking: Employment Rights
Mums in Leadership For this month’s Mums in Leadership networking event we will be joined by Jay Bhayani, who will...
- 11:00am - 12:30pm
- October 3
Navigating Labour’s New Deal for Working People
About us We are an independent employment law firm established in 2014 to provide expert professional advice to help businesses...
- 11.00am - 12.30 pm
- June 18
Sexual Harassment Training – Half Day (Aimed at Line Managers and Leaders)
In October 2024, there will be a significant change in the law which puts thee responsibility on employers to prevent...
- 9:00am-12:00pm
- October 8
Equality, Diversity, and Inclusion Online Workshop – Extended Version Covering Sexual Harassment
The workshop is designed to be an interactive and informative session to equip all employees from junior members of staff,...
- 9:00am-12:00pm
- October 29
October Meet-Up and Networking: Employment Rights
Mums in Leadership For this month’s Mums in Leadership networking event we will be joined by Jay Bhayani, who will...
- 11:00am - 12:30pm
- October 3
Navigating Labour’s New Deal for Working People
About us We are an independent employment law firm established in 2014 to provide expert professional advice to help businesses...
- 11.00am - 12.30 pm
- June 18
Sexual Harassment Training – Half Day (Aimed at Line Managers and Leaders)
In October 2024, there will be a significant change in the law which puts thee responsibility on employers to prevent...
- 9:00am-12:00pm
- October 8
Equality, Diversity, and Inclusion Online Workshop – Extended Version Covering Sexual Harassment
The workshop is designed to be an interactive and informative session to equip all employees from junior members of staff,...
- 9:00am-12:00pm
- October 29
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