Our specialist Employment Law and HR team have guided countless businesses through complex redundancy and TUPE situations, helping to ensure that their legal obligations are met and making the process as straightforward and painless as possible.
Redundancy is potentially a ‘fair’ reason for dismissal but to dismiss an employee fairly your business will need to be able to demonstrate that there was genuine redundancy situation and also that you followed a fair procedure.
A genuine redundancy situation can occur if the need of business for employees to carry out work of a particular kind ceases or is diminished or there is a closure of the workplace where the employee is employed. Regarding a fair procedure, this will involve your business consulting with the affected employees, being able to demonstrate a fair basis for selection and considering any suitable alternative employment within your organisation. Employment Tribunals will closely scrutinise the process by which an employee is made redundant and therefore it is vitally important to take advice upon that process.
Our experienced employment law team can guide and advise you on the entire process (including the provision of template documents) to save you time and ensure that all your legal obligations are fulfilled.
Business Transfers and TUPE
‘TUPE’ is the common name used for a piece of legislation called The Transfer of Undertaking (Protection of Employment) Regulations 2006. Put simply, when TUPE applies, employees automatically transfer from one employer to another. This usually occurs when a business (or part of a business) is sold to another business or when a service contract changes hands.
For any business involved in a TUPE situation it is vital to be aware of the strict obligations that apply to both the seller (the ‘old employer’) and the buyer (the ‘new employer’). This involves obligations to inform and consult with the representatives of the affected employees prior to the date of the transfer. Employment Tribunal awards can be highly punitive for a failure to comply with these strict obligations and the Tribunal has the power to award up to 13 weeks’ gross pay to each affected employee.
TUPE is notoriously complex but our specialist employment solicitors can provide step by step guidance through the process, ensuring complete peace of mind. If you would like further advice on this, or any other employment law issue, call us for a free initial consultation today – we can discuss the matter over the phone, by Skype, or in person at your business premises or at our offices in Sheffield or Doncaster.
Our team can also assist with any of the following issues: