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Clear, commercial legal advice for employers managing change

Business change is inevitable, but legal risk doesn’t have to be. Whether you’re planning a restructure, making redundancies or transferring staff under TUPE, expert legal advice is critical for employers, regardless of how many employees you have. Getting it wrong can lead to unfair dismissal claims, reputational damage or costly disruption.

Our highly experienced employment law solicitors advise employers across all sectors, so whether you’re planning a restructure, preparing for a TUPE transfer or facing difficult redundancy decisions, we’ll help you manage risk, follow due process and move forward with confidence.

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How we can help employers

Our experienced and commercially minded employment solicitors advise employers on how to manage significant change and follow, often complex, legal procedures to protect their interests and the long-term health of the business.

Restructuring and reorganisation strategy

If existing roles no longer match your commercial objectives, a well-managed restructure can help realign your workforce without automatically leading to redundancy. Our specialist solicitors can ensure your restructure is not only legally compliant, but carefully communicated, including:

  • Strategic role redesign and business case development
  • Varying and aligning terms and conditions across employment contracts (known as ‘harmonisation’) as part of an acquisition or restructure
  • Managing consultations and minimising employee relations issues
  • Avoiding disputes, constructive dismissal or breach of contract claims

Advice on redundancy employment law

Redundancy can be high-risk if the correct legal process isn’t followed precisely – especially where senior staff or protected characteristics are involved. We can advise and support HR teams managing complex and difficult transitions, including:

  • Individual redundancies and small group exercises
  • Selecting pools, applying fair matrices and managing consultations
  • Settlement agreements and negotiated exits
  • Managing appeals and reducing the risk of employment tribunal claims
  • Planning communications throughout the process

Managing collective redundancies

If 20 or more roles may be made redundant in a 90-day period, collective consultation rules apply, with strict timelines and serious consequences for non-compliance. Our employment team has extensive experience managing large-scale redundancy processes, including:

  • Complying with consultation obligations and electing employee representatives
  • Negotiating with trade unions and works councils
  • Managing simultaneous consultation, reorganisation and business continuity
  • Coordinating multiple settlement agreements, where appropriate

Managing TUPE Transfers

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees when a business or service changes hands – whether through a sale, acquisition, outsourcing or insourcing. TUPE is a complex area and specialist legal advice is crucial.

Our employment solicitors can work closely with your HR, legal and commercial teams to help you understand if TUPE applies to your transaction, ensure the process is addressed correctly and that your organisation is protected, including:

  • Drafting and reviewing warranties, indemnities and employee liability information (ELI)
  • Managing pre-transfer consultations and post-transfer obligations
  • Reducing the risk of unfair dismissal, breach of contract or discrimination claims

Advice on outsourcing & insourcing services

Many employers outsource services such as cleaning, security, IT or logistics and later bring them back in-house. Doing so often triggers TUPE, along with complex questions around obligations, liabilities and risk transfer.

Our specialist TUPE solicitors can advise and support employers with:

  • Contractual structures and employment risks
  • TUPE impact assessments and consultation planning
  • Drafting commercial agreements with employment risk in mind

Employment law support in corporate transactions

We work closely with our corporate law colleagues to ensure employment law matters are seamlessly managed during business sales, mergers and acquisitions, disposals and restructures. Our support covers:

  • TUPE implications and employment liability due diligence
  • Review and drafting of employee warranties, indemnities and disclosures
  • Integration and harmonisation of contract terms across merged workforces
  • Managing senior executive exits or transfers as part of a deal
  • Supporting internal communications

Why choose Clarke Willmott for restructuring and redundancy

  • Partner-led advice – From a highly experienced team of employment solicitors with deep expertise in TUPE, redundancy and restructuring.
  • Sector-specific experience – Knowledge of a wide range of sectors including regulated services and unionised industries.
  • Seamless support – Full service, national law firm able to advise on all aspects of corporate and commercial law including litigation and disputes.
  • Proactive risk management – Helping to prevent claims and protect business continuity.
  • Cost-conscious service – Your work will be dealt with by the most-suitably qualified team for your needs, so your business receives the highest quality service in the most cost-effective way.
  • Trusted by HR, legal and leadership teams – Known for our commercial acumen, clear advice and efficient service.

Recognition for our solicitors

‘Excellent response times and advice is always concise, clear and commercially focused. The team offers a broad range of skillsets and all employment queries are answered well.’

Legal 500 2026

“The breadth of experience within the team means that there is rarely a matter that hasn’t been experienced.”

Chambers 2026

‘I’m always able to speak with someone from the team when I need to. They take the time to understand the situation and provide excellent advice that is not only legally compliant but also assesses the commercial risk.’

Legal 500 2026

“They grasped the issues immediately and were able to explain them to me.”

Chambers 2026

FAQs on restructuring, TUPE and redundancy

TUPE (Transfer of Undertakings (Protection of Employment)) Regulations 2006 apply when a business or part of it transfers to a new owner or service provider. It means affected employees transfer automatically to the new employer, with their existing terms and continuity of service intact.

It may be possible to make redundancies before or after a TUPE transfer, but with strict limitations. Redundancies linked solely to the transfer are usually automatically unfair. However, if there’s a genuine economic, technical or organisational (ETO) reason involving workforce changes, redundancies may be justifiable, provided fair process is followed.

You must inform and, in some cases, consult with affected employees (or their representatives) in good time before the transfer. This includes providing specific information about the transfer, the legal implications and any planned changes. Failure to do so may lead to tribunal claims and compensation of up to 13 weeks’ pay per employee.

Individual consultation applies to all redundancies, while collective consultation is required when proposing 20 or more redundancies within 90 days from the same ‘establishment’. consultation involves informing employee representatives, following statutory timescales and notifying the Government via an HR1 form.

Senior employees can only be treated differently within the bounds of fairness and anti-discrimination law. While business decisions may impact senior roles differently (e.g. through reorganisation or exit negotiations), employers must still follow fair procedures and avoid treating senior staff less favourably, without justification.

Contact a specialist employment law solicitor

To discuss how we can support your business with restructuring, TUPE transfers or redundancies, please call 0800 652 8025 now or complete the form below to arrange a free, no-obligation consultation.

Our employment law team supports businesses and senior executives across the UK and internationally from our offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.

Your key contact

Marc Long

Head of Employment and HR Team/COFA

Southampton and London
Marc Long is the Head of Clarke Willmott’s Employment and HR team specialising in TUPE and outsourcing.
View profile for Marc Long >

Meet our employment team

With seven offices throughout England and Wales, Clarke Willmott is a national law firm with a local presence. Learn more about our wider team of legal professionals and how they can support you.

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