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.
On this page
- How we help – we advise employers on managing restructuring, TUPE and redundancy, to protect their interests.
- Why choose us – reasons why clients choose our legal advice when managing significant change.
- Recognition for our solicitors – from Chambers and the Legal 500
- Frequently asked questions – on restructuring, TUPE and redundancy
- Latest news and insights – from our employment law team
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.
