Horizon Solicitors are experienced in handling individual and collective redundancy and restructure situations and transfers under TUPE.

Redundancy / Restructure / TUPE

Horizon Solicitors have many years of experience in handling individual and collective redundancy and restructure situations and transfers under TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006).

We can support you whether this is an individual redundancy or restructure process, or a large scale redundancy affecting a number of individuals to which the Trade Union and Labour Relations (Consolidation) Act 1992 applies, where 20 or more dismissals are proposed at a single establishment within a period of 90 days, or a TUPE transfer affecting any number of employees either on a business sale or transfer of service provider.

For example, a logistics service provider loses a contract to provide warehousing and / or transportation services to a customer, which is awarded to a new 3PL service provider affecting 300 employees, or a team of 6 employees is put at risk and required to apply for new positions in a business restructure.

We can advise you individually, or the elected employee representatives, or if you have a recognition agreement, then we can liaise with your trade union representatives if they do not have the benefit of expert employment law advice.

The law in this area is pretty complex but this is our bread and butter! Sometimes it makes sense for all employees affected to club together to instruct us to protect your collective rights and we are happy to represent you on this basis, drafting questions for you to ask during consultation meetings, and sending letters to your employer if matters are not being dealt with in accordance with the regulations or if the proposals or the process being followed is unlawful. It is important to bear in mind that if employers fail to collectively consult when necessary in a redundancy or TUPE situation then they could be liable to a fine, which is paid to each employee, of 90 days or 13 weeks’ gross pay, respectively. We can bring this claim for you in the Employment Tribunal if necessary, or threaten the claim to bring the employer(s) back into line.

It makes sense to share the cost in this area if the process affects a number of individuals since a “class action” can be brought on behalf of the whole population, thereby saving the individual cost of a claim, making it far more economically viable for the whole group of affected employees to benefit financially and in the terms and conditions of their ongoing employment.

Don’t be left out in the cold, turn the tables in your favour, and together we can enter a new Horizon!