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Redundancy Planning and Restructuring

Our employment solicitors advise businesses on redundancy planning and restructuring to ensure fair procedures and compliance with UK employment law.

Workforce changes are sometimes unavoidable. Whether due to business restructuring, technological change, or financial pressures, redundancies can be necessary. Our redundancy and restructuring solicitors support employers plan and implement redundancy and restructuring programmes fairly, legally, and efficiently, reducing risk and protecting your business.

Why Redundancy Planning Matters

Redundancy is one of the most high-risk employment issues. Mistakes in planning or implementation can lead to:

  • Unfair dismissal claims
  • Protective award claims for failure to consult
  • Discrimination claims
  • Reputational damage

Careful planning ensures that any reduction in workforce is conducted lawfully and in a way that is transparent, fair, and defensible.

Legal Requirements for Redundancy

Employers must follow both substantive and procedural requirements when making employees redundant.

Fair Reason:

  • Redundancy must be genuine, arising from:
  • Closure of the business or workplace
  • Reduced need for employees to carry out certain work
  • Changing location

Fair Selection:

Selection of employees at risk must be objective and non-discriminatory. Common criteria include:

  • Skills, qualifications, and experience
  • Performance records
  • Attendance (if relevant)

Consultation Requirements:

  • Individual consultation is always recommended. 
  • Collective consultation applies if 20 or more employees are affected within 90 days, requiring discussion with employee representatives or trade unions.

If you need to dismiss an employee or restructure your business call 0330 107 0106 or request a free call back to speak with our redundancy and restructuring solicitors.

Restructuring and TUPE

Workforce restructuring may involve more than redundancies, including redeployment, role redesign, outsourcing, or transferring parts of the business. In such cases, employers must carefully consider TUPE (Transfer of Undertakings Protection of Employment) regulations, which protect employees when a business or service is transferred to a new owner.

Key considerations under TUPE include:

  • Employees automatically transfer to the new employer with their existing terms and conditions
  • Dismissals connected to the transfer are automatically unfair unless there is an economic, technical, or organisational (ETO) reason entailing changes in the workforce
  • Both the outgoing and incoming employer can be held jointly liable for breaches, including unfair dismissal or failure to consult

Even outside TUPE situations, restructuring can trigger claims if employees feel they have been dismissed unfairly. Examples of potentially unfair dismissals include:

  • Applying unfair selection criteria
  • Failing to consult or explore redeployment opportunities
  • Changing terms and conditions without agreement where the change is detrimental

Our employment law experts are here to help you

For an initial consultation, call our employment solicitors on 0330 107 0106 or request a free call back.

Diversity, respect, honesty and a commitment to excellence define our work. Above all, we care about what we do and how we do it.

We Help Employers Facing Redundancies or Restructuring

Redundancy Planning and Restructuring

At IMD Corporate, we understand the challenges businesses face when implementing restrictive covenants in employment contracts while ensuring they remain enforceable and compliant with constantly evolving employment law.

Our redundancy and restructuring solicitors advise employers throughout the redundancy and restructuring process, including:

  • Strategic planning for workforce changes
  • Drafting redundancy and consultation policies
  • Supporting collective and individual consultations
  • Advising on fair selection criteria and TUPE compliance
  • Preparing letters, communications, and settlement agreements
  • Guidance on mitigating employment law risk

Talk to Our Redundancy Planning and Restructuring Solicitors

We tailor advice to your business, ensuring that any redundancy or restructuring programme is legally compliant, transparent, and defensible, and protects you against claims of unfair dismissal or joint liability under TUPE.

Contact IMD Solicitors on 0330 107 0107 or request a call back to arrange a consultation. We handle matters discreetly and are committed to protecting your interests at every stage.

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Why Choose IMD Corporate?

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Why Choose IMD Corporate?

Our team is adept at handling intricate cases involving international elements, such as division of assets across borders, child abduction and child relocation. This makes us particularly suited for individuals with international family or business ties.

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Frequently Asked Questions

Can IMD Corporate help with settlement agreements?

Yes. We draft and review agreements to ensure they are legally compliant and protect your business.

When can dismissals be unfair in a restructuring?

Dismissals can be unfair if they are connected to a transfer without an ETO reason, selection is unfair, consultation is insufficient, or redeployment opportunities are ignored.

What is TUPE and when does it apply?

TUPE protects employees when a business or service is transferred to a new employer, ensuring continuity of employment terms. Depending on the circumstances, both outgoing and incoming employers can be jointly liable for failures under TUPE.

What is the difference between redundancy and dismissal?

Redundancy usually arises from a genuine reduction in the need for a role, while dismissal can occur for misconduct, capability, or other reasons.

Talk to us today

If you need legal advice, contact us today to request a free callback. Please note that all meetings are by appointment only in all our offices.

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