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- Tania Goodman
Partner - Head of Employment
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It is a tough decision to relocate or demote employees or make them redundant. But if you are closing down a branch, consolidating operations, or moving to a new site, then a certain number of job adjustments may be inevitable.
Our London-based redundancy lawyers are specialists in dealing with restructuring and redundancy issues. We can protect your business from any claim arising from a change in organisational structure, including post-restructuring grievance proceedings from employees who are unhappy in their new roles.
The role must be disappearing for there to be a true redundancy situation. Normally, that will be because:
The process itself includes a consultation with individual employees before making any final decisions. If you are planning to make 20 or more employees redundant within a 90-day period, you’ll also have to consult with a trade union or staff council/employee forum. Employers must act reasonably and be able to justify the selection of the pool of employees they will be using when choosing who to make redundant.
Specifically, in a restructuring situation, employers will be looking to make efficient use of their employees by offering ‘suitable alternative employment’ to an employee whose job is no longer needed, but who you wish to retain after the reorganisation.
By law, the test for whether an alternative role is suitable is largely a subjective one. In other words, the employee can decline the offer and opt for redundancy if the new role would, for example, lead to longer travelling times, upset childcare commitments, require retraining, or impose extra costs on the employee.
When conflict arises, it’s usually because:
Whatever the nature of the restructuring and redundancy dispute, it is wise to try to prevent it from escalating to an Employment Tribunal. Many potential conflicts can be headed off at the pass through a proper consultation procedure where employees are involved in the decision-making as far as possible.
Working closely together, our specialists in employment and employment dispute resolution deliver comprehensive advice on the options open to you as an employer. You can rely on us to provide practical support through redundancy procedures, contractual variations, and representation at Employment Tribunals and all the way to court if that’s what it takes to get the best result for your business.
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Partner - Head of Employment
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