Restructuring & Your Rights
Expert employment lawyers to advise you of your rights if your workplace is restructuring
Wiltshire’s leading employment lawyers
How can Goughs
If the business you work for is considering reorganisation and restructuring you will understandably have concerns about how your role might fit in.
To restructure, a business must ask themselves what the desired outcome of the restructure is. You may find that having open conversations with your employer enables both you and the business to grow and expand.
However, this will not always be the case and so Goughs will draw on our experience as an employer, as well as a successful and growing business to ensure any advice offered puts you at the heart of the matter.
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What the law says on business restructuring
Courts and Tribunals have long recognised the rights and needs of a business to reorganise and restructure. Such reorganisation could include a reduction in staff, changes to terms and conditions, or perhaps a change in the way an item is produced.
If an employee refuses to go along with a business reorganisation then in certain circumstances an employee can be fairly dismissed.
Find out more by visiting our frequently asked questions or get in touch with a specialist employment lawyer today.
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Your employment law questions answered
Communication is the key, and it is important to have an effective consultation process. This could include group consultations and individual consultations. If the business you work for is unionised they should be heavily involved.
The size of the restructure may affect prescribed periods for consultation. A tribunal will always consider the ‘reasonableness’ of any decision, and to evidence this your employer should clearly document the process.
Employers should be wary of trying to disguise a genuine redundancy situation as a business reorganisation because, for example, it wants to avoid making redundancy payments. Redundancy is clearly defined within the Employment Rights Act.
Put succinctly, redundancy can occur:
- If the business is closing down.
- If there is less work for employees to complete.
- If there is a change in location.
- If one particular role or function is no longer required.
At Goughs, our employment specialists have unrivalled experience in dealing with both employers and employees. We can help with a broad range of employment disputes, processes and procedures.
We have built up many years of experience and our team not only offer advice to businesses but also advise on broader business planning issues and sit on various advisory boards, ensuring that our advice and expertise ensures all advice really is in your best interests.
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With offices throughout Wiltshire, we are here for face to face, or virtual appointments at a time to suit you.
We draw from a wide range of disciplines to support you in keeping your business moving forward.
Goughs have been providing legal services to businesses across the south west since 1882.
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