Whatever the reason, there is likely to be the consideration of a business transfer (known as TUPE), possible redundancies or recruitment of new talent.
TUPE stands for Transfer of Undertakings and Protection of Employment, a set of regulations which often result in a complex process.
If you are acquiring, selling or outsourcing a business, conducting a due diligence is critical for your peace of mind and your success.
You have to know what employment liabilities you are potentially taking on.
Think about it like this. You wouldn’t buy an expensive new vehicle without doing a lot of research into what you were getting for your money. It is the same with business.
Give yourself plenty of time. Often employment due diligence is not even considered until you are about to sign the deal.
If you take over a company you could be liable for all future payments and legal issues set in motion even before your purchase. You could be liable if:
Do your homework, or appoint someone who knows how to run a good due diligence process for you.
Redundancies often accompany a restructure. If an employee has worked for you for more than one year and fifty one weeks, then they are due statutory compensation for redundancy at the very least.
They can also bring a claim in an employment tribunal for unfair redundancy dismissal.
How HR savvy can help
From start to finish, we will guide you through the correct procedures to create the optimum outcome for your business. We deliver our advice in plain English, so you feel more in control of the process.
When we are involved from the outset, we will help you build the strongest case possible, by making sure your restructuring documentation is flawless.
We will deliver on-site HR support at formal meetings and advise you of your best options in more complex cases.
We will treat your case specifically on its own merits, taking into account your particular business environment and your desired results. You will feel confident that we are on your side ensuring you make optimal decisions every step of the way.
"I wouldn't hesitate to use them again or recommend them to anyone going through a restructure as it's all too easy to unwittingly trip yourself up, upsetting the staff and creating a legal headache for yourself. A very worthwhile investment."