Restructuring & Reorganisation: TUPE, Dismissals and redundancies

Our team specialises in helping businesses through restructures and reorganisations. We appreciate that it can be a stressful time for both employers and employees going through these processes.

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Our Process

We’ll handle the whole thing for you. Paperwork, court preparation and appearances – we do it all. We’re on your side. We literally ‘have your back.’

1. Pre-Call

Initial call to understand your requirements and how Surenity can help you

2. Establish Your Needs

A 30-minute call with a solicitor to establish needs and actions

3. Onboarding

Engagement letter sent to you by email for e-signature and assignment of an expert solicitor to you

4. Follow Up Email

We will send you an email clarifying next steps and an estimate of costs

Each of these situations requires you, as the employer, to follow the correct procedure. It’s important you understand those procedures and your company’s position throughout. Therefore, it is highly advisable that you speak to an expert employment solicitor as early as possible.

There are many reasons for redundancies, be it relocation, reorganising departments or simply looking at ways to cut costs. In all cases and even if a job role is no longer needed, for a redundancy dismissal to be fair, detailed procedures must be followed. Errors or omissions in the redundancy process can leave a business at risk from unfair dismissal, breach of contract or discrimination claims.

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Free Initial Discussion

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 0203 282 6675 or email us at info@surenity.co.uk and one of our employment solicitors will get back to you.

Redundancy

Redundancy is a form of dismissal and may occur where the necessity for employees to undertake certain work has ceased or reduced. This could be in a specific department, office or across the company.

Examples of potential redundancy situations might include where you:

can no longer employ one or more members of staff in your organisation, due to diminished funds
decide to restructure the way things are conducted, so that some posts are no longer required.

If it is necessary to make redundancies, you’ll need to first identify who you should inform and consult with. As well as the individuals concerned, you may need to include trade unions or employee representatives in consultations.

You must understand the legal implications, follow the correct procedure and apply it fairly to all affected, this will reduce the chances of employees bringing claims against you.

In some cases through a sale or merger, you have may have to transfer employee contracts to a new provider. If this is the case, then the Transfer of Undertakings Protection of Employment (TUPE) rules may apply.

Reorganisation

Reorganisations happen for a number of reasons, including:

As part of a merger or company acquisition
As part of selling a company or business
To reduce costs
For tax purposes

Whatever the reason, our experienced solicitors will ensure the correct procedures are followed and all the paperwork is prepared and completed within the required timescales.

Best Selling Packages

Our charges are transparent, crystal clear. We will always provide you with a fee estimate and often we are able to provide you with a fixed fee, if you prefer that. Where we charge by an hourly rate our fees are based on £350 + VAT per hour for a senior employment specialist solicitor. We do not compete on price, we compete on excellence.

Junior Employment Contract

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Standard clauses & 2 hours’ worth of revisions

Suitable for mid level junior employees

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Restructuring

If your company is in financial difficulty, creditors may agree to restructure the company’s liabilities so that the business can survive and stimulate growth. A contract is usually drawn up between the company and the creditors which usually involves some redundancies.

Our team can help you ensure the contract is tailored specifically to your company’s needs so that the best terms are agreed.

For redundancies to be fair and within the law, there are a few key principles you must meet, you must:

Consult (on ways of avoiding the redundancies and minimising hardship)
Select fairly
Alternative employment (identify and offer if this is available)

Transfer of Undertakings (TUPE)

TUPE is designed to protect the rights of employees when they transfer to a new company through a merger or company sale. It is a complex area of employment law and as an employer, it is vital that you seek specialist legal advice to make sure that you are compliant with the procedures and law.

How Surenity Can Help

Our specialist employment solicitors provide expert, commercial and practical resolutions. If a reorganisation or redundancy exercise is the best option, then we will assist you in identifying the right pool for selection. We will support and advise you throughout the process making sure the right legal procedures are followed.

Testimonials

Recent Case Study

TUPE transfer: Guiding Our Client Through The Maze

We acted for a global IT company on the successful acquisition of a business that involved the transfer of employees on the basis of a TUPE transfer. A TUPE transfer is where employees enjoy a right to move employer when the business that they work for is sold to a third party. Our client felt that its HR advisor was simply rehearsing the legislation in advice. We provided specific, pragmatic advice that saved our client a great deal of money by advising the client on how to buy the business without incurring the cost of taking on unnecessary staff or making unnecessary compensation payments to those being made redundant. Saving our client money!

How to Get in Contact

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on +44 203 282 6675 or email us at info@surenity.co.uk and one of our employment solicitors will get back to you.

We specialise in employment law and have an excellent reputation across the country. We can assist wherever you are in the based and we also have offices in central London.

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