Organisational Change

Restructure

If you’re looking to restructure your business and don’t know where to start, we can help. We work closely with you to understand the changes you would like to make and assist you in meeting your business goals. We know the easiest processes to set you up on which would comply with employment law and best practice.

We offer a personable approach to HR and therefore are happy to assist with face-to-face meetings with staff. We offer support on individual problems you may be coming across or complex queries that are raised. The stress of producing correct letters and documentation is taken off your hands as we provide draft templates to ensure that all parts of the process are managed.

We are happy to accept any questions from staff as part of the process and draft responses for the organisation with their input. We can also assist with communications and support following the restructure whilst it becomes established to ensure we maintain staff morale.

What is TUPE?

To put it simply, TUPE stands for Transfer of Undertakings Protection of Employment Rights. This process relates to when a business buys part/all of another business or sells part/all of their business. TUPE is the law that protects employee’s employment rights when they transfer to another business. The legislation surrounding TUPE can be very complex. Failure to comply with the regulations can lead to a financial penalty, which equates to 13 weeks salary per affected employee. But this is where we can help.

The Process

With TUPE, there are no specific timescales to comply with, but the key is to consult with staff. This is done either via a Trade Union if the organisation recognises a Trade Union, Staff Representatives if an organisation does not recognise a Trade Union, or if a business has less than 10 employees then they can consult directly with the employees. The consultations will cover aspects such as:
the fact that the transfer is to take place
the date or proposed date of the transfer
the reasons why it is to take place
the legal, economic and social implications of the transfer for the affected employees
any measures proposed in connection with the transfer that will affect the employees; if there are no measures to be taken, this must be made clear too.
After the initial consultation meeting, employers are then able to start communicating with the employees who are transferring. Communicating with the effected staff may take place via a number of different methods; we are able to assist with each of these to ensure effective communication is maintained throughout. The consultation must be meaningful and conducted with a view to seeking the agreement of the union or employee representatives. As an outgoing employer, employee liability information must be made available to the incoming employer 28 days prior to the transfer date.
Whilst it is essential that employer’s handle the transferring staff appropriately, it is also important to support the remaining staff and communicate regularly with them. As an incoming employer, it is your responsibility to ensure incoming employees are also settled.
As the incoming employer, you may find yourself in the position where you would like to harmonise policies and procedures following a TUPE transfer. Again, this can be a complex process and needs to be approached with care to ensure you maintain compliance with TUPE Regulations. We would be happy to guide you through this process to ensure it is legally compliant.

Our team of HR professionals can assist you with every step of the TUPE process. While each situation is unique and throw up their own complexities, we are happy to advise you on the most appropriate plan which is compliant with TUPE legislation and best practice. We can assist with all stages of the process, from the initial consultations with employees and compiling tailored letters at each stage of the process to supporting you post-transfer to ensure that your business continues to run smoothly.

Redundancy

Redundancy is a complex process with strict guidelines that have to be adhered to to ensure you are compliant with the law.

How we can help:

Work with you to confirm there is a redundancy situation and to explore other options before resorting to redundancy.
We can help you build your business case stating why redundancy is the answer.
We can assist with building selection criteria and selection pools which are fair to your employees.
We can guide you through the specifics of a redundancy process, such as timescales to be followed for consultation.
We can be present at face-to-face consultation meetings with staff as well as drafting any letters and documentation as part of the process.
We can guide you through redundancy pay calculations and processing the final payments.
We will ensure that you do everything that is legally required of you as an organisation when making staff redundant.

Leavers

When an employee is leaving your organisation, it is really important that you finalise all the necessary details. Creating a leavers checklist can help ensure you don’t miss anything essential; this is how we can assist you. We are here to help ensure your leavers process protects you as an organisation and that the employee leaves on the best terms possible.

We can develop a process tailored to your organisation, draft any letters required and assist with calculations around holiday pay, deductions and final payments.

It is important to monitor the turnover in your organization. If you have high turnover it usually signifies there is a problem that needs addressing. One way of understanding the reasons behind people leaving is to conduct exit interviews with them. This will enable you to implement any changes to reduce your turnover going forward. We can work with you to develop an exit interview that is going to give you some helpful information to make improvements going forward.