Restructuring and Redundancy Solicitors
We offer practical, commercially astute restructuring and redundancy advice for employers
All businesses need to make tough commercial decisions from time to time regarding the structure of their business. This helps to ensure its future success or in some cases its survival. Sometimes these decisions will result in employee roles becoming redundant with the potential for job losses.
Our solicitors are experts in restructuring and redundancy, so can protect your business by making sure you follow the correct processes. Combined with sound planning and preparation at an early stage, this minimises the likelihood of disputes with employees that could lead to Employment Tribunal claims.
The highly experienced Longmores Employment team have helped a wide range of businesses undertake restructuring and associated redundancy processes. Our approach is commercially minded, no-nonsense and robust. We keep your organisation’s interests in mind at all times.
Get expert restructuring and redundancy advice
Our restructuring and redundancy lawyers’ expertise includes:
- Formulating selection criteria for redundancies
- Advising and guiding you through the consultation process
- Structuring redundancy packages
- Preparing settlement agreements
- Ensuring, where necessary, that appropriate confidentiality and non-compete arrangements are in place as part of any redundancy package, especially in the case of senior people.
Work with industry-leading employment lawyers
Our employment lawyers consistently appear in the directories of leading practitioners and are ranked by the leading client guide, The Legal 500. This provides strong assurance that we offer an exceptional service.
Miranda and Richard are members of the Employment Lawyers Association (ELA), further emphasising their specialist expertise. Richard and Miranda are also accredited mediators.
Speak to our employment experts today
To discuss your restructuring and redundancy requirements with our proactive, specialist team of redundancy and restructuring solicitors, please get in touch.
Our restructuring and redundancy services for businesses
Formulating selection criteria for redundancies
We help businesses comply with the strict legal requirements governing redundancies. Redundancy is considered a valid reason for dismissal if the employee is fairly selected. As such, having in place adequate policies and following the correct procedure is essential to avoid claims for unfair dismissal.
We can assist with:
- Forming the redundancy pool
- Defining the redundancy selection criteria
- Applying the selection criteria in a fair and objective way
We advise on how criteria should be fairly and objectively assessed, scoring employees, evidencing reasons and avoiding issues such as discrimination.
For example, in reviewing absence records, employers should be mindful of employees with disabilities or employees who have taken periods of maternity leave.
If you require advice about putting in place redundancy policies and procedures, we can also assist with the drafting and reviewing of these.
Advice and guidance on consultation processes
Employers must consult with employees before making final redundancy decisions. Failing to conduct a proper redundancy consultation process can result in unfair dismissal claims, so having specialist legal advice to ensure you get it right is essential.
Businesses planning to make 20 or more redundancies also need to consider whether they are required hold a collective consultation.
We help businesses conduct redundancy consultation processes, including individual consultations and collective consultations, expertly guiding you through the process and covering matters such as:
- Advice on time scales
- Drafting notices of redundancy
- Consultation meetings and communication with employees and their trade union or elected representatives
- Information gathering and keeping employees informed
- Responding to requests for further information
- Considering alternatives to redundancy
- Restructuring job roles
- Negotiating voluntary redundancies
- Resolving redundancy consultation-related disputes
We also advise on redundancy processes further to TUPE transfers.
Structuring redundancy packages
We advise employers about structuring redundancy and severance packages with all types of workers, from junior employees to high level executives.
We will work on strengthening your position and agreeing packages which suit the needs and resources of your business, covering matters such as:
- Statutory redundancy pay
- Contractual redundancy pay
- Other remuneration for financial benefits such as bonuses, overtime and commission
Our restructuring and redundancy lawyers can assist if a dispute arises in the course of redundancy proceedings or if, in the circumstances, it would be more suitable to offer an employee a settlement agreement instead of going through traditional redundancy process.
A settlement agreement (formerly known as a compromise agreement) requires an employee to waive their rights to take their claims to an Employment Tribunal. As such, it can be an attractive solution for an employer looking to make an aggrieved employee redundant.
However, depending on the outcome of negotiations, settlement agreements can potentially end up being more expensive, plus the employer typically covers the employee’s legal fees in this scenario.
We can guide employers through settlement agreement negotiations and advise on the legal implications of entering into a settlement agreement over making an employee redundant.
Implementing confidentiality and non-compete arrangements
We can advise on restrictive covenants and post-termination restrictions, including confidentiality agreements (non-disclosure agreements) and non-compete arrangements. We will cover when these types of arrangement can and cannot be used, making sure to protect your legal and commercial position.
We have particular expertise advising businesses in respect of senior employees and including confidentiality agreements and restrictive covenants as part of redundancy packages.
The value of good legal advice during restructuring and redundancy cannot be overstated. The right employment law advice can save you a lot of hassle and additional costs later on, so we strongly recommend speaking to our experts at the earliest opportunity.
We offer complete transparency with our fees, so you know exactly what your costs will be.
To find out more about the fees, our employment law services and to request a cost estimate, please get in touch.
Speak to our employment experts today
To discuss your restructuring and redundancy requirements with our specialist team, please get in touch.