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Redundancy & Restructure

Our employment lawyers help you to balance tough workforce decisions with employee interests and reputational risks.

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Our award-winning employment lawyers offer extensive experience in handling large and complex business reorganisations including redundancies and restructuring issues.

In times of increased financial and operational pressures, businesses must reduce costs to survive. If you need to restructure your workforce, make redundancies or lower your payroll costs, it’s crucial that the correct processes are followed.

Our lawyers will help you to plan the best way forward and guide you through the legal and practical requirements. We also provide tailored training and support to HR and People teams and collaborate with trade union representatives to ensure that processes are managed smoothly.

The Employment Rights Bill is set to bring significant changes to redundancy and restructure processes so it’s essential that employers stay up to date with their evolving responsibilities as legislation changes. That's why we're on-hand to help you stay legally compliant.

Experienced redundancy & reorganisation lawyers

We’re skilled in supporting clients with complex reorganisation processes that impact multiple sites or involve site closures. We work with large, national and international brands to minimise the risk of disputes, reputational damage and the expense of legal claims.

We’ve successfully advised employers undertaking business reorganisations across the public and private sector, from manufacturersretailers and firms operating in the leisure and hospitality sector to charities and registered providers of social housing.

Meet the team

HANNAH MORRISON CLP 2277

Hannah Morrison

Legal Director

SARAH DAY

Sarah Day

Senior Associate

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Strategic support for your business

First, we’ll meet with you to understand the challenges that you’re facing and provide strategic advice to find the best way forward for your business.

In addition to redundancy, restructure and reorganisation processes, we work closely with People and HR teams to implement cost-saving measures, including lay-offs, short-time working and changes to terms and conditions of employment. 

We’ll help you to plan the process from start to finish, advising on legal requirements including pooling, selection criteria and consultation to ensure compliance. We tailor our approach depending on the level of support that is right for you and your team. 

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Building a compliant redundancy process

There are several legal obligations that employers must comply with when conducting a redundancy or restructuring process. Together, we can design a fair and legally compliant process that minimises the risk of claims. 

This may include:

Informing colleagues — meeting and communication support

Employers have a legal obligation to inform employees about potential redundancies and the business’ reasons. With a wealth of experience in managing successful restructuring processes, we review and advise on employee communications, providing scripts and guidance for key meetings.

Collective consultation 

Where 20 or more redundancies (which in this context includes dismissal and re-engagement situations) may be required at one establishment in a 90-day period, an employer must carry out a collective consultation with trade unions or employee representatives.

The Employment Rights Bill proposes significant changes to collective consultation.

Compliance with the statutory code of practice on dismissal and re-engagement (the Code)

The Statutory Code of Practice on dismissal and re-engagement (the Code) provides guidance to employers altering contracts of employment where there is a possibility of ‘fire and rehire’. Non-compliance with the Code by an employer can lead to a 25% uplift in compensation if claims are made, including a protective award.

The Employment Rights Bill may make it automatically unfair to dismiss an employee for refusing to accept changes to their contract. We can help you to prepare for upcoming changes.

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Disputes, tribunals & settlements

We’ll support you to carry out a smooth restructuring process and prevent disputes wherever possible. However, where disputes do arise, our experienced team is here to help resolve them — including dealing with settlement agreements, COT3 agreements and any Employment Tribunal claims.

Where there are a large number of exits, we have a successful track record of supporting HR and People teams in dealing with mass settlement agreements. This has the benefit of reducing the risk of claims and minimising the time spent.

Where a HR team requires independent lawyers to act for their departing employees, we have developed a cost-effective and smooth process to ensure that your employees feel supported. 

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Redundancy training programme for HR & People teams

Training of management teams and employee representatives can reduce the risk of disputes and claims. We offer training and mentoring for People and HR teams and employee representatives, equipping them with the skills and knowledge needed to manage and contribute to redundancy and restructuring processes effectively.

Delivered by our experienced employment lawyers either face-to-face or remotely, we provide the expert guidance and best practice advice to help your people better understand the legal and practical issues that they will face and how to achieve the right outcomes for your business.

Modules include:

Reducing workforce costs — the alternatives to redundancy

Designed for those leading redundancy or cost reduction exercises, we help HR and People teams to manage a business restructuring exercise to reduce workforce costs effectively, including communication with employees, varying employment contracts and how to reduce the legal risks at the outset.

Managing collective consultations

If you’re considering over 20 redundancies in a 90-day period, the process may require a collective consultation. 

We support you in understanding: 

  • the legal requirements
  • when the duty to collectively consult arises
  • the legal risks of not following the process
  • how to manage a consultation process effectively.
An aerial view of a group of employees collaborate around a table to agree a decision

Training for employee representatives

Employee representatives are typically inexperienced when it comes to a redundancy process. 

Our experts provide crucial value to them and your business by providing key insight and guidance into their role in the redundancy process. 

We advise employee representatives on how they can work with management to facilitate the process and help them develop confidence to undertake this important role.

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