The headache of Redundancy and TUPE

Published
19 Aug
2014

 

The Client

This specialist business provides diagnostic services to the NHS. They have 18 employees, some of whom came to the company through TUPE arrangements.
 
The Challenge
 
The company had to reorganise their business due to increased demand for their services. This meant that some roles would become redundant and new jobs created to meet the new demands. As some of the potential redundancies would affect the staff with TUPE protection, the management wanted to ensure that everything was handled correctly and fairly. No one in the team had HR expertise.
 
The Solution
 
The first step was to have a detailed consultation with the CEO and Operations Manager to determine the exact nature of the plans for the business. We examined various scenarios to ensure the business objectives could be met, eliminate some of the risks and gain clarity on how to balance competing interests.
 
This was followed by consultation with the staff that would be affected by the planned changes, which would also alter their terms and conditions of employment.
 
Our primary focus was to see how the risk of employment litigation could be minimised for some long service employees who would be at risk of redundancy.
 
The client was guided to keep communication channels open to maintain morale and engagement. When the changes were put into place we advised on how to navigate a few unexpected matters as they arose.
 
The Outcome
 
The client’s professional reputation was protected – demonstrating that they are a fair and commercially-minded employer. Staff morale was maintained and enhanced and they were reassured by the professional handling of the situation. The tricky situation was handled sensitively and with only one challenge, which was quickly dealt with.
 
The business’s stability was maintained and key skills retained to grow the business successfully for the future.