Redundancies, Restructures & TUPE

Reorganising the workforce as part of a business restructure can be a challenging process. Our employment lawyers are on-hand to advise clients on planning for, consulting on and implementing reorganisations of staff. 

We regularly advise on complex TUPE situations in the context of business transfers or mergers in the not for profit sector including education. With a firm understanding of the underlying legislation and good practical guidance, our lawyers can assist in providing intelligible step-by-step guidance on managing a TUPE process to include the information and consultation process with the employees and also the drafting of TUPE provisions including warranties and indemnities in the transfer agreement and exit provisions in outsourcing contracts.

Usually this advice is provided as part of a wider transaction that other teams within LBMW are engaged with. We have a joined up approach to ensure that the TUPE advice sits within the wider context, whether that be a corporate transaction or a not for profit venture.

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Reorganisations and transfers can result in redundancies.  We advise on collective and individual consultation, redundancy selection processes and assisting the employer in discharging its obligations to look for alternative roles for those at risk of redundancy.  When giving this advice, we are conscious of the risk of an unfair dismissal claim and assist the client in handing it in the most efficient and sensitive manner recognising that.