Restructure planning
The business case, the roles affected and a realistic timetable, set out before anything is announced.
Restructuring, redundancy and TUPE support
A restructure planned properly before anyone is told
For employers reorganising teams, making redundancies, or gaining or losing staff under TUPE. You get a clear plan, the right consultation and a full record.
A restructure is one of the few times an employer's process is examined as closely as its decision. Our restructuring, redundancy and TUPE support gives you qualified advice from our specialist HR partner, a timetable that meets the consultation rules, and the letters and records to show you followed it.
Transfers are common in facilities management. When a cleaning, security or maintenance contract changes hands, the staff working on it often move to the new provider under TUPE. We manage buildings and contracts ourselves, so we understand these transfers from both sides, including the ones that come with winning or losing an FM contract.
Why 3S
- One contract, one point of contact
- A plan within 48 hours
- Photo-verified sign-off against the spec
- Funding available on the work
Restructuring, redundancy and TUPE support
What we support you with
Redundancy selection
Fair selection pools and objective criteria, applied and scored consistently.
Individual consultation
Meetings, letters and notes for each affected employee, including discussion of alternatives.
Collective consultation
Employee representatives, the HR1 notification and the minimum periods where 20 or more redundancies are proposed.
Suitable alternative employment
Identifying and offering other roles, with trial periods handled correctly.
TUPE transfers in
Checking the staff you are inheriting and the employee liability information you should receive.
TUPE transfers out
Informing and consulting your staff, and giving the incoming employer the information they are owed on time.
After a transfer
Understanding what can and cannot be changed, and bringing new staff onto your payroll and policies.
Redundancy consultation: the numbers that matter
Every redundancy needs individual consultation and a fair selection process. Where an employer proposes 20 or more redundancies at one establishment within 90 days, collective consultation rules also apply. For 20 to 99 redundancies, consultation must start at least 30 days before the first dismissal takes effect, and for 100 or more it is at least 45 days. The employer must also notify the Secretary of State on form HR1. Failing to consult properly can lead to a protective award of up to 90 days' pay for each affected employee.
TUPE advice for FM and outsourced contracts
The Transfer of Undertakings (Protection of Employment) Regulations 2006, known as TUPE, apply when a business or part of one is transferred. They also cover many service provision changes: outsourcing a service, bringing it back in-house, or moving a contract from one provider to another. Employees assigned to the work usually transfer to the new employer on their existing terms, with their continuity of service intact.
Both employers have a duty to inform representatives of affected employees, and to consult them where changes are planned. The outgoing employer must give the incoming one employee liability information at least 28 days before the transfer. A dismissal because of the transfer itself is automatically unfair unless there is an economic, technical or organisational reason entailing changes in the workforce, which is why advice before a transfer matters more than advice after it.
How it works
Three steps, one point of contact
Step 1
Plan before announcing
We look at what is changing, who is affected and which rules apply, with a qualified adviser from our HR partner. You get a written timetable before anything is said to staff.
Step 2
Consult and communicate
Letters and meeting notes are prepared for each stage of consultation. We track the dates, so minimum periods and TUPE deadlines are met.
Step 3
Complete and settle in
Outcomes are confirmed in writing and any appeals are handled properly. After a transfer, we help bring new staff onto your contracts, handbook and payroll.
Funding
Spread the cost
Restructuring has upfront costs, from notice pay to the working capital needed while a new structure beds in. A business loan or working capital facility can be arranged through our sister business, Novora Asset Finance™, subject to status and credit approval. Terms, total cost and any fees are set out before you commit.
Evidence
What you end up holding
A written timetable, the selection criteria and scores, notes of every consultation meeting and a copy of each letter sent. On a TUPE transfer, you also hold the employee liability information and a record of how staff were informed and consulted.
Questions
Restructuring, redundancy and TUPE support: common questions
What is TUPE?
TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006. It protects employees when the business or service they work in moves to a new employer, usually by transferring them on their existing terms and conditions. It often applies when a facilities contract such as cleaning or maintenance changes provider.
We have just won an FM contract. Will the current staff transfer to us?
Often they will, if they are assigned to the work and the change counts as a service provision change. You should receive employee liability information from the outgoing provider at least 28 days before the transfer. Take advice as soon as the contract is awarded, so you know who is coming and on what terms.
How many redundancies trigger collective consultation?
Collective consultation applies where 20 or more redundancies are proposed at one establishment within 90 days. For 20 to 99 the minimum period is 30 days before the first dismissal, and for 100 or more it is 45 days. Fewer than 20 redundancies still require fair individual consultation.
Can we change terms and conditions after a TUPE transfer?
Changes are void where the sole or principal reason is the transfer itself. There are limited exceptions, including an economic, technical or organisational reason entailing changes in the workforce. Take advice before proposing any change, so you know what is allowed.
Can you help if we are only making one or two roles redundant?
Yes. Small redundancies still need a fair selection process, genuine individual consultation and a look at alternative roles. A sound business reason can still end in an unfair dismissal finding if the process was poor, and the process is what we help you get right.
Related services
Often needed alongside this
Employment law advice for employers
For employers facing a disciplinary, grievance, absence or dismissal question. You get qualified advice early, and a written record of how you handled it.
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