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Re-organisations / TUPE / Collective Redundancies

Re-organisations / TUPE / Collective Redundancies

TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is a notoriously complex area of law which can apply to a number of transactions, including the sale or acquisition of a business or a change in service provider. Aside from the complex rules and regulations, it can also be difficult for employers to anticipate when TUPE will be applicable. The consequences of failing to comply with TUPE can result in heavy financial penalties for employers. We can provide practical and commercial support at each stage of either the transfer of your business or the service provision change. We can assist you in identifying the practical and financial issues which may arise from the business transfer / service provision change and explore potential ways of dealing with new employees including considering their terms of employment.

REORGANISATIONS

In the current economic climate a number of businesses will require assistance in reorganising their workforce in order to maximise the potential of the business. It is widely recognised that dismissals resulting from reorganisation within your business can be justified only if it is necessary to preserve your competitiveness. We can advise you on the potential implications of reorganising your business, including steps that can be taken to minimise risk. We will work with you in applying a legal and commercial approach to ensure that you achieve the best results for your business.

COLLECTIVE REDUNDANCY

A collective redundancy is a scenario where an employer proposes to make 20 or more redundancies in the space of 90 days. This may be a result of a number of factors including the employer’s need to reorganise the business, close or move part or all of the business, or make cost efficient changes due to a change in customer demand. We have extensive practical experience in guiding employers through this process and we can work with you to ensure that we put in place an effective process incorporating both legal and commercial issues. It is crucial that employers comply with all their obligations during the process to avoid the potential financial penalties and we will provide you with clear advice to ensure minimum disruption to your business.