Redundancy and Restructuring Solicitors

Mistakes in the redundancy process can lead to unwanted tribunal claims, reputational damage, and significant financial cost.

That is why, at BBS Law, our redundancy solicitors advise employers on every stage of restructuring, from planning and consultation to settlement agreements and TUPE transfers.

Find out here more about the process and how we can help you the employer.

When You Need a Redundancy Solicitor as an Employer

Employers often seek legal advice on redundancy when facing necessary organisational changes such as restructuring or mergers.

A redundancy solicitor is essential in these situations to ensure that you follow fair procedures and avoid costly claims of unfair dismissal or discrimination.

Restructuring can affect not only the individuals at risk but also the general productivity of the wider workforce since it is a big distraction no matter what.

Thus, by working with BBS Law, you can manage the process with transparency and fairness while minimising disruption. Our solicitors provide redundancy advice tailored to your business needs, ensuring that decisions are both viable and legally compliant.

What is TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE, protect employees when a business or service is transferred to a new employer.

This means that employees automatically move to the new organisation on their existing terms and conditions of employment.

For employers, TUPE can be pretty complicated when it comes to restructures, particularly when redundancies are being considered. A failure to comply with TUPE obligations, which may be aspects such as informing and consulting employees, can result in substantial claims.

So staying compliant as an employer is imperative.

That is why, our solicitors guide employers through TUPE processes, ensuring that transfers are handled lawfully and that the risk of disputes is minimised.

When Can Employers Make An Employee Redundant?

Employers can only make an employee redundant where there is a genuine business reason to do so, this might include scenarios such as the closure of a workplace, the reduction of a particular type of work, or organisational restructuring.

It is important to understand that redundancy is not a way to remove underperforming staff or address misconduct issues, those situations require different procedures altogether.

It is vital that employers demonstrate a fair reason for redundancy and apply a transparent process.

Why is this so important? Well, if an employee can show that the redundancy was unfair or that they were selected for discriminatory reasons, a tribunal claim may follow. At BBS Law, our redundancy solicitors assess your specific circumstances, advise whether redundancy is appropriate, and help you implement the process lawfully to protect your business interests.

What Is the Typical Redundancy Process?

While the nature of redundancy is a complex one, there is a general overview that most businesses are to follow to stay compliant.

Stage 1: Identifying the Business Case

The first step in any redundancy process is to establish a genuine business reason for making roles redundant.

This could include financial pressures, relocation, or the need to reorganise departments. At this stage, employers should document said reasons as clearly as possible, as this will form the basis for any consultation and may be scrutinised in the event of a challenge. Our solicitors assist employers in this entire process.

Stage 2: Consultation with Employees

Once the business case has been established, the next stage is to begin consultation with employees whose roles are potentially at risk. Consultation must be meaningful, not a mere formality, and employers should listen to employee feedback, consider alternatives to redundancy, and explore ways to reduce job losses.

In cases where 20 or more employees are affected, collective consultation rules apply, requiring formal engagement with employee representatives. We guide employers through both individual and collective consultation obligations to ensure the process is fair and lawful.

Stage 3: Selection and Alternatives

Where redundancies cannot be avoided, employers must apply fair selection criteria to decide which employees are affected. This should be based on objective factors such as skills, qualifications, or attendance records, rather than subjective assessments that may give rise to discrimination claims.

Employers also have a duty to consider suitable alternative roles within the organisation.

Stage 4: Notice and Redundancy Payments

The final stage of the process involves formally notifying employees of redundancy and ensuring that statutory or contractual notice periods and redundancy payments are correctly applied.

Employers must also provide clear communication and support for affected staff, which can help maintain trust and reduce the likelihood of disputes. Our team ensures that redundancy payments are calculated correctly and that all documentation is compliant with employment law, reducing the risk of future challenges.

What a Redundancy Solicitor at BBS Law Does

At BBS Law, our redundancy solicitors act as trusted advisors during times of organisational change. We provide redundancy advice that is tailored to your goals as a business while ensuring compliance with employment law.

From advising on TUPE transfers to drafting settlement agreements, we are experienced in handling even the most complicated restructuring projects.

We work with employers to reduce legal risk, offering clear guidance on consultation, employee selection, and redundancy payments.

Where disputes do arise, our solicitors represent you to protect your position. Our aim for you as an employer is always to achieve a smooth restructuring process that supports your business objectives while treating employees fairly and most importantly, lawfully.

Why Choose Us

Choosing the right redundancy solicitor is essential when managing business change.

At BBS Law, understanding of how restructuring impacts your organisation. We recognise the importance of managing legal risk while also maintaining workforce productivity and protecting your reputation.

By working with us, you can move forward with confidence, simply get in touch with our team to find out how we can help you in times of uncertainty.