Redundancy, restructure and settlements

Expert handling of sensitive processes


For a variety of reasons, sometimes your business will need to call time on the working relationship with an individual or group of people. It may be as a result of a reorganisation or restructure, or because a relationship is no longer working for either party.

We understand this can be difficult and traumatic for the employee and the employer alike. As HR specialists we have a depth of expertise in how redundancy and restructuring processes should be managed to minimise strain, ensure compliance with employment law and protect businesses from the potential fallout arising from a poorly handled process.

Our qualified consultants can support your business before the redundancy process begins to ensure it is carried out immaculately and can remain on your side all the way through from initial staff consultations to the final outcome.

Redundancy

Making redundancies is a difficult process to go through, for an employer and employee. Employees have a number of rights in this situation and you should understand what these are.

Our experienced team can support you with planning and managing each stage of the redundancy process, ensuring it is fair and clearly communicated to your staff.

As a redundancy is a dismissal, a legal procedure needs to be followed and all decisions must be made sensitively. Making the wrong decision can lead to a claim of unfair dismissal. To help you avoid any problems, our experienced HR Consultants will guide you through the correct selection, consultation and appeals process.

We understand that every business is different, so we will always be on hand to discuss the specifics of any particular situation to help you get the right result for your business.


Coronavirus update

Unfortunately, due to the effects the lockdown has had on the economy, many businesses are having to look at making employees redundant during the coronavirus. At an already stressful time, we know how difficult this decision can be and our experienced consultants are available to help you handle the redundancy process.

Making an employee redundant during Coronavirus

The coronavirus job retention scheme (CJRS) was introduced to minimise redundancies, but sadly it can’t protect all jobs, and employers do have the right in making an employee redundant during the coronavirus and whilst on furlough. If you are thinking of making redundancies, you will still need to follow the current legislation as deadlines for starting this process are fast approaching.

If you have more than 20 but less than 100 employees that are being made redundant, you will need 30 days for consultation before the first dismissal. Meaning the redundancy process will have to start from the 1st July if you want to serve notice by the 31st July and 30th September for the end of October. And for less than 20 employees, you will need to start formal consultation by the 15th July to serve notice by the 31st July.

The selection process is a bit more complicated when making an employee redundant during coronavirus. If staff are furloughed due to caring responsibilities or to shield themselves because they are high-risk, you will need to be cautious of indirect discrimination if you choose to make them redundant.

The current redundancy process will remain in place, and you are obliged to carry out a formal redundancy consultation. The main difference may be arranging redundancy consultations virtually and remotely to limit face-to-face contact.

Our experienced consultants are available to help during these unsettling times. You can view our latest resources and advice on our frequently updated coronavirus page.

Reality HR has been our anchor in the storm.  Not only did they remedy current difficult circumstances with their calm professionalism and expert know-how, their impartial viewpoint has allowed them to make valuable observations of our business and broad-scope recommendations from a place of clear and unbiased judgement.  Supported by their vast industry experience, we now move forward as a business with renewed clarity and confidence

Grace Hall – Finance Director, RW Armstrong


Settlement Agreements

A Settlement Agreement can be a sensible and pragmatic way to end a working relationship. These agreements need careful handling to ensure a satisfactory, legally compliant outcome.

Reality HR has consultants who are experienced in the negotiation and drafting of these agreements, helping you achieve a positive outcome for both parties even in the most difficult circumstances.

Succession planning

Any business owner with their eye on the future will need a succession plan to ensure the long-term success of their company and deliver a return for the investment they have made over the years.

Sometimes there is an obvious clear path but often an independent, expert eye is required to help formulate a strategy. The future could lie with people within the business, who may need developing and nurturing to prepare them for the challenges to come – or it may be that a search needs to begin to find the right person or people for that crucial next stage. An external consultant can help support those vital decisions.

Our consultants will work with you throughout the process, starting by getting to know your business and your vision for its future. We identify the future vacancies that you will need to fill to realise your growth and development ambitions, carry out a full review of your team against those roles, and produce a detailed strategy to help deliver your vision.

We can then work with you to deliver the strategy, regularly reviewing it to ensure it stays on track.

TUPE

If you are selling, buying or merging a business, changing a service provider or bringing an outsourced service in-house, then you must comply with TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006).

The legislation exists to protect workers during mergers, acquisitions and transference of contracts. A highly complex aspect of HR, it’s easy for a management team to make mistakes – and those mistakes can be costly.

Planning and communication are key to a successful TUPE process. Our specialist consultants work closely with you throughout, ensuring staff are treated fairly and that compliance is achieved every step of the way.

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