Redundancy, Reorganisation & Restructuring Law

When you are in a position where you need to look at reviewing or restructuring your workforce, getting the right professional guidance can be vital to your business’ future strategy and prosperity. The guidance you receive from your professional advisors should be efficient, commercially aware and tailored to you and your circumstances.

We specialise in helping you to prepare and manage redundancy and restructuring processes which are adapted to the circumstances faced by your business.

We can help you:

• design the consultation process
• analyse and determine the selection pools and selection criteria
• plan, deliver and record the consultation process
• prepare settlement agreements, if appropriate
• keep a clear eye on your commercial aims, balancing legal risk with commercial reality and business needs.

Managing redundancy during coronavirus – new fixed fee package

At Brachers we understand many businesses are facing challenging times and having to make difficult decisions for the long-term future of their organisations. Our new package of fixed cost support will aid those who have made the difficult decision to consider redundancies. Our team of employment law specialists can assist you with the redundancy process in a way that is cost effective, efficient and legally compliant.

We understand why businesses who are looking to save costs are more inclined to take risks, and not invest in legal advice. Ultimately however, not taking required steps in a redundancy process could end up being more costly to your business, in terms of:

• Damage to your reputation
• Claims/ awards – for some processes an award of up to 90 days’ pay for each affected employee can be made
• Criminal proceedings – failure to provide a HR1 when required is a criminal offence

Our new fixed-fee packages will provide you with:

• Complete transparency of costs
• Valuable legal support to the level that you require
• Access to expert guidance to ensure you get it right and remain legally compliant
• Support to reduce the risk of claims
• Guidance on best practice

Details of the packages of support we can offer, including pricing, are outlined in the box below.

• Brachers’ fixed-fee packages – what do these include?

  Gold package

  • Strategic advice in planning the process including advice on identifying redundancy pools and selection criteria
  • Planning a timetable for consultation
  • Preparing bespoke consultation documents, including template letters
  • Specialist legal advice guiding you throughout the process

  Price: £2,895 plus VAT

  Silver package

  • Advice on identifying redundancy pools and possible areas of risk
  • Planning a timetable for consultation
  • Provision of suitable template letters for use within individual consultation meetings
  • Up to two hours’ advice once the consultation process has started

  Price: £1,350 plus VAT (individual consultation only)

  Bronze package

  • Employer’s guide to redundancy (involving fewer than 20 redundancies in a 90-day period)
  • Provision of a pack of template documents, including at risk letter, meeting invite letter, template outcome letter and template selection matrix (to be completed by the employer)
  • The option to have further telephone consultations to provide you with advice in relation to any queries raised during consultation meetings[2]

  Price: £650 plus VAT

  Additional add-on services

  • Support from Kent HR: £675 plus VAT per day
  • Outplacement support (group or individual): £795 plus VAT per individual
  • Preparing settlement agreements (if required): £500 plus VAT per agreement template

  Discounted additional advice: 5-10% off standard rates, depending on level purchased

  [1] Subject to terms and conditions

  [2] Additional costs will apply

  Managing the redundancy process

  We have significant experience of handling both collective and non-collective redundancy programmes, ranging from one employee to hundreds.

  We can offer full redundancy consultation process management and delivery through our human resources service Kent HR. This enables us to carry out the redundancy consultation for you or work alongside your team, either remotely or at your premises.

  In addition, we also offer added-value services and assistance where requested such as financial-cost-scenario modelling and exit-cost financial projections. These can give you the tools to analyse a number of different approaches to your restructure.

  Support for your employees

  Our associated HR consultancy, Kent HR, also offers outplacement services and other career planning assistance programmes that any exiting employees may benefit from. Please call us to discuss your needs.

  Redundancy and restructuring case study 1: business closure

  Our client: The owners of our client (a family business), took the very difficult decision to close the business due to significant market changes and falling sales and profits. They sought advice from Brachers and Kent HR about the process that would need to be followed to comply with legal requirements.

  Brachers’ and Kent HR’s approach: Our employment law team helped the client develop and design the collective redundancy program which was required due to the closure of their operations. This was a multi-layered plan taking into account the need to close manufacturing operations first, then scale down head office and sales operations. The approach had to reflect the need, during the closure process, to relocate the head office and key sales personnel to new premises.

  Our team led by Antonio Fletcher and Rachael Russell provided full legal advice and support. The scope of the work included the provision of redundancy consultation documentation, redundancy quotations and the design of enhanced redundancy and retention plans. Kent HR delivered the consultation process on site for the client, carrying out the relevant collective and individual consultation program on their behalf.

  This was a prime example of how our employment team working in conjunction with our HR consultancy Kent HR can design, develop and implement complex, multi-faceted redundancy programs.

  The outcome: The staged closure of our client’s business was successfully completed in a controlled and strategic way. Despite the emotive nature of the decision taken, some national media coverage and the impact upon employees, the process went smoothly without claims or disputes arising with the workforce. Kent HR provided significant support on the ground to the owners which was as invaluable to the project as the overall strategic guidance provided by Brachers’ employment lawyers.

  Redundancy and restructuring case study 2: restructure at a not-for-profit

  Our Client: Our client is a not-for-profit organisation with a strong values-led ethos and an objective to maintain the highest standards of governance and care for its employees. To ensure the long-term future of the organisation, restructuring needed to be considered. Our client was committed to ensuring its employees were supported during the process and treated in a fair and ethical manner.

  Brachers’ and Kent HR’s approach: We worked in partnership with the on-site HR team to ensure a well-structured and clearly-communicated process which reflected the values of our client. The approach ensured that employees potentially impacted by the process had the same experiences, whether meetings were undertaken by Kent HR or by our client’s HR team.

  This was a complicated process, and planning and advice on employment law considerations was provided by the Brachers’ employment law team. Kent HR supported the implementation of the project, including employee consultation meetings. We needed to take account of individual employee requirements and make adjustments to ensure the process took into account the needs of individuals with disabilities.

  The Outcome: The restructure was successfully concluded in a manner which reflected the ethos and approach adopted by our client. Kent HR has continued to provide support to the organisation on on-going projects or to provide additional HR capacity as and when required.