Redundancy and Restructure - MLP Law

Redundancy and Restructure

Employers must constantly evolve their workforce to meet their business needs, improve productivity or respond to changes in their industry or the wider economy. This can lead to the need to make redundancies or restructure the business.

Such processes must balance the rights of employees with the needs of the business. Failure to properly consult with employees, or follow the correct procedures, can lead to costly Employment Tribunal claims for unfair dismissal.

Request a consultation with our expert Employment Law solicitors to discuss
how to conduct an effective redundancy or restructure processes.

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We guide employers through effective redundancy exercises, including where collective
consultation obligations apply, and minimise the risk of Employment Tribunal claims.

Our services include:

  • Preparing all the supporting documents needed to conduct a fair redundancy process, including invitation and outcome letters, meeting scripts, scoring matrixes
  • Designing fair scoring criteria and selection processes;
  • Liaising with trade unions and representatives; and
  • Providing bespoke training to managers conducting redundancy consultation processes.

Our Approach

All of our highly experienced Employment Law solicitors are Legal 500 recommended leaders in their field, who provide jargon-free, commercial legal advice. We speak to you in plain English and provide specialist, practical and pro-active solutions for your business.

We take the time to understand your business and the challenges you face, enabling us to provide bespoke advice which is tailored to you.

Testimonial

“Constantly high-quality assistance in a wide-ranging amount of HR and Employment Law issues, including major projects like a Covid resulting redundancy process, Disciplinaries and Employment Tribunals down to quick small inquiries. The replies are always clear and thorough, in easy-to-understand language that can be passed to all concerned without a need to be watered down into plain English.”

Simon Yates, Financial Controller and Company Secretary, Rota Engineering Limited

FAQs

  1. How do I hold a fair redundancy procedure?

    If you need to make redundancies in your business, you have to follow a particular process, which can alter depending on how many individuals will be dismissed. In summary, you first have to warn the affected employees that there will likely be redundancies. Then you should undertake a process of consultation with each affected person. Your final decision should be communicated to the employee in writing, together with a right of appeal.

  2. Do I have to consider alternative employment?

    As part of the process of consultation, you should consider if there are any other appropriate vacancies, which the affected employee could move to, instead of being made redundant. This can include a demoted post or a completely different role.

  3. How do a decide on selection criteria?

    When choosing which employees from a larger pool are to be made redundant, you have to apply relevant criteria that will be used to select them. Such criteria should be fair and measurable, and based on objective factors, such as time-keeping, and adjusted to remove any discriminatory elements (i.e. disability related absence).

  4. In a reorganisation, can I interview existing employees for a new role?

    In some circumstances where you are altering the structure of your business, it may be appropriate to use an internal interview process to help select the appropriate candidate for the role.

  5. How much redundancy pay do I need to give?

    Statutory redundancy pay is based on age and length of service and subject to a cap on earnings, although more generous provisions can be provided for in the contract of employment.

Speak to us to see
how we can help

0161 926 9969

Why choose the mlplaw team?

  • Unparalleled Experience and Expertise

We are vastly experienced, Legal-500 recommended
legal experts who live and breathe Employment Law. We provide no-nonsense, commercial advice, achieving
successful outcomes for employers.

  • Your business, your service

Your business is unique, as are the challenges it faces.
That’s why our approach is always as unique as your business itself.

We don’t like one-size-fits-all strategies. We’re all about crafting tailored strategies that fit your specific needs.

Communication is key. We’re fluent in plain language and have no time for legal jargon. We believe in complete transparency and proactivity, providing you with a clear path and fixed fees so you’re never caught off guard.

  • We are proactive and keep your options open

Most businesses only call their lawyers when things go wrong. By then, it may be too late. We know that prevention is always better than the cure. We work with you proactively to identify vulnerabilities, mitigate risks and ensure successful outcomes before problems arise. We save you time, money and the stress that comes with handling legal issues.


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