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  • Succession Planning & Promotions
  • Company Reorganisation & Restructures
  • TUPE

Company Reorganisation & Restructures, Succession Planning & Promotions

A sudden downturn in work, the closure of a site, a change in direction or the introduction of new technology may lead to thinking about whether you have the right employees in the right roles.

You might have an idea of what you want to do however, ensuring you have the right process in place to support these changes is essential. Legal compliance is key, we can help you follow the correct procedure, at the correct time so you don’t find yourself sitting on the wrong side of the law.

We can assist with devising selection matrices where there are more employees than there are jobs available. We can ensure that the employees are communicated with and that all of the documentation and correspondence is in place. We can be with you every step of the way, either on the phone or in person.

Do you know where your managers of the future are coming from? Do you have a succession plan in place? Home grown talent and internal development is a great way to motivate and engage your teams. Did you know that you can also train your existing teams with the assistance of our Apprenticeship division, you may also be eligible for funding, for more information click here

If you have any questions simply call or email us and we’ll discuss next steps.

TUPE

TUPE stands for Transfer of Undertakings Protection of Employment rights.

There are two situations when the TUPE regulations may apply; business transfers and service provision transfers.

In business transfers

The TUPE regulations apply if a business or part of a business moves to a new owner or merges with another business to make a brand new employer.

In service provision transfers

The TUPE regulations apply in the following situations:

  • a contractor takes over activities from a client (known as outsourcing).
  • a new contractor takes over activities from another contractor (known as re-tendering).
  • a client takes over activities from a contractor (known as in sourcing).

The most common type of service provision transfer includes office cleaning or catering.

Are you considering buying or merging with another company? Or selling all or part of your business?

More information

The TUPE regulations are complicated and prescriptive and put various obligations on the Transferee employer and Transferor employer. A breach of the regulations could really leave you in hot water and a hefty financial penalty.

What is TUPE for?

In essence, It protects employees and their benefits when their employer changes owing to a business transfer or service provision transfer and it sets out a process of consultation.

We have assisted many client employers with establishing whether TUPE applies to them, taking them through the process and supporting with employee consultations and all associated paperwork and letters. Let us help you ensure you are doing things right which is compliant with Employment Law.

As with all our services, you will be allocated a lead HR Professional who will plan the process with you, ensuring we meet the needs of your business. We are flexible in our communication methods, offering telephone conference calls, zoom, Microsoft teams meetings or face-to-face, whatever works for you.

If you have any questions on how we can help guide you through this complex area simply call or email us and we’ll discuss next steps.

employment law + hr

Our qualified and experienced team of Employment Law and HR experts have been helping SMEs for over three decades, providing exceptional customer service and commercial advice that you can rely on. 

apprenticeships

We deliver apprenticeships across non levy and levy paying businesses throughout the UK. We can help you with funding and finding or identifying the right apprentice for you. 

Payroll

We offer a fully managed payroll service which allows our experts to organise and manage your payroll for you. 

hEALTH & SAFETY

Our IOSH (or equivalent) trained experts will work with you, freeing up your workforce and relieving the pressures of complying with demanding health and safety regulations.

HR SOFTWARE

Developed by our internal team of HR experts with HR administration in mind, our portal safely stores employee data and eases the administrative burden of all that paperwork! 

TRAINING & E-LEARNING

Absolute Works offer in person training and E-Learning packages for all levels of your workforce from the ‘shop floor’ to the board room. 

Disciplinary procedures and employment contracts.

An employer can also put their disciplinary procedures in the employment contract. If they do so and then do not follow the procedure, the employee could bring a claim for breach of contract.

 

Disciplinary appeals

If an employee thinks that the disciplinary action is unfair they can appeal to their employer setting out their grounds for appeal.

The employee should be offered the option to attend a further meeting to discuss the appeal which should be heard as soon as possible and in accordance with any timescales as set out in the Disciplinary Procedure. This meeting should be chaired by someone with sufficient seniority who was not involved in the initial disciplinary meeting/ process wherever possible.

As per the disciplinary meeting, the employee should be given reasonable notice and should be offered the right to be accompanied by a companion in accordance with the criteria above.

Final decision

Following the appeal meeting, the employer should write to the employee setting out their final decision. There is no further right of appeal.

 

 

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    Suspension

    Sometimes it is necessary to suspend an employee whilst a potential disciplinary issue is investigated, this is normally where the allegations are very serious or, if the employee being in the workplace or continuing to work may have an effect on the investigation or potentially put the safety of co-workers, visitors, themselves, property or data at risk. This means that suspension doesn’t happen very often. If, however it is necessary to suspend an employee, this will usually be with pay and the employer should (in most cases) be told why they are being suspended.

    The Employment Contract will dictate whether an employer can suspend without pay. If this is permitted, the employer must act reasonably in doing so.

    If the Employment Contract does not say that the employer can suspend the employee, the employer may still be able to suspend the employee, but this should be with pay.

    All employment rights remain in place during any suspension and if the employer does not have a contractual right to withhold pay, or even if the employer does, the employee may seek to make a claim in the Employment Tribunal for ‘unlawful deduction from wage.

    An employer should confirm the terms of suspension in writing. An employer may advise the employee that they are not permitted to talk to or make contact with other employees, customers and / or suppliers and should the employee do so, the employer may be able to bring further disciplinary action. Employers need to be aware however that the employee must be able to make any necessary contact to defend their actions and therefore some contact may be necessary so some leniency may be required. This may be the case where the employee considers they need to obtain evidence to support their case from a work IT system or speak to a co-worker who was witness to an incident. Of course, if an employee wants to request a co-worker accompany them to the disciplinary hearing, they will need authority from the employer to make appropriate contact.

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