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Redundancy and Restructuring

REDUNDANCY AND RESTRUCTURING

Every employer has to keep its business structure under review to ensure it adapts to changing market conditions and keep the organisation strong and competitive.

We review restructuring as an indicator or strength and our view is that the process should be implemented without delay and with compassion.

If the restructure involves fewer than 20 people then with our expertise it is possible to complete the redundancy process from start to finish within 2 weeks if your organisation needs to act swiftly to protect its interests and secure the morale of the retained workforce. Some businesses will wish to implement a much longer planning and consultation period working with employee representatives in keeping with their culture and ethos.

Where the restructure affects 20 or more people then we can support your management of collective consultation with elected representatives or trade union officials and draw up effective communications processes and documents designed to minimise both the legal risks and the natural anxiety incurred by all managers and employees involved.

Madeleine Thomson
Employment Protect

Changing Terms and Conditions of Employment

CHANGING TERMS AND CONDITIONS OF EMPLOYMENT

It makes sense to regularly review terms and conditions of employment to reflect changes to businesses and roles which may be brought about by growth or changing market conditions or career progression.

It is prudent to ensure that the right to make contractual changes to reflect developments in the organisation’s needs is established at the beginning of the employment relationship or at the earliest opportunity. Some changes though are not foreseeable until later on.

Employees must be consulted with properly and their agreement sought before changes can be imposed. If employees will not agree to the changes employers require then the employer may currently implement the change subject to terminating the existing contract on notice and simultaneously offering the new employment terms. This will necessitate documented reliance on legitimate and fair reasons that will stand up in law to justify the changes to avoid unfair dismissal liability.

However, the law is due to change in March 2027 so that it will be automatically unfair to terminate an employee’s employment because they refuse to accept certain key contractual changes.

We can assist in preparing employment contracts to give our clients as much flexibility as possible to make the changes it may need in the future, and steering our clients through the consultation process to maximise securing employee buy in.

Madeleine ThomsonEmployment Protect

Contracts of Employment

CONTRACTS OF EMPLOYMENT

Aside from being a legal requirement, employment contracts should be designed to enable employers to meet their business objectives whilst providing the employee with clarity about their terms and conditions.

We can assist you in selecting the form of employment contract that best suits your business and its personnel whether it be for your regular employees; an executive service agreement,  fixed term, zero hours; casual or consultancy agreement.

We can also build in additional protection to safeguard your business upon termination of employment to include non-competition prohibitions and management of social media use.

Madeleine Thomson
Employment Protect

Director Service Agreements

DIRECTOR SERVICE AGREEMENTS

When employing a director or senior executive, it’s vital to tailor the contract of employment so that you derive maximum value from your investment.

The remuneration package can be designed to ensure the individual is highly motivated to meet performance targets that reflect the organisation’s business plan.

You may intend to link performance to shares or share options and to dictate what happens to any stake holding if employment is terminated – “good leaver” and “bad leaver” provisions.

Madeleine Thomson
Employment Protect

Flexible Working Requests

FLEXIBLE WORKING REQUESTS

Flexible working can be a profitable recruitment and retention tool providing the business has the infrastructure and work types that lend themselves to making adjustments to working hours.

If flexible working is not right for the business at any time, you will still need to have a strategy in place for dealing with flexible working requests since all employees have the right to request more flexible working time.

Employers are entitled to reject or make counter offers on flexible working requests but only if they comply with the formal legal process for doing so and are seen to consider all the options available for example job share or home working. If the request is rejected without justification it can raise the risk of constructive dismissal and discrimination claims.

We have the expertise to guide you through the process, ensuring your policies permits you flexibility in deciding these requests and to enable you to have a trial period if that assists.

Madeleine Thomson
Employment Protect

HR Helpline

HR HELPLINE

With the every changing employment law landscape, employers of all sizes need fast, efficient and commercial advice they can rely on to make their business decisions promptly.

Our Helpline enables employers to budget for their HR and employment issues since for a modest annual fee, managers can phone or email as much as they need to establish where they stand in relation to the decisions they wish to make.

Unlike many other helplines, you will speak to an expert who has a wealth of knowledge gained across a wide number of sectors and our advisors do not take an “insurance” based approach to risk – they take a commercial approach to risk backed up by expertise and experience.

Our Helpline includes but is not limited to:-

•      Recruitment
•       Contracts
•       Performance Management
•       Disciplinary and grievances
•       Workplace investigations
•       Redundancies and Restructures
•       Flexible Working Requests
•       Holiday Pay
•       Sickness absence management
•       Retiring employees
•       Managing stress, bullying, harassment, discrimination
•       Health and Safety offences
•       Drug and alcohol misuse
•       Dismissals
•       Executive severance
•       Settlement agreements
•       Employment tribunal claims

Madeleine Thomson
Employment Protect