Helping you understand your rights through redundancy, restructure or TUPE
Businesses will sometimes need to implement a restructure. If this is for economic reasons, it can result in redundancies, but this is not always the case. A restructure could also involve the redistribution of work among the same number of employees, resulting in a variation in their contracts. Alternatively, if a business changes ownership, employees may need to be transferred to the new entity.
During any restructure, it is essential that the employer follows a fair process and provides sufficient consultation. Any breach of contract or unreasonable variation could give rise to claims for constructive or unfair dismissal.
For a redundancy to be lawful, employers are required to follow strict procedures, and employees are entitled to certain rights, including:
- Redundancy pay (where you have been employed for two years or longer)
- Sufficient notice
- Time off to look for a new job
- The opportunity to move to a different role with the same employer
- A consultation with your employer
However, employers do not always follow the correct process, and in certain situations employees can bring claims for unfair dismissal. Selection can also be tainted by discrimination, and if an employee is dismissed or subjected to a detriment because of a protected characteristic, they can bring a claim for discrimination.
Variations in Contracts
For a variation in contract to be lawful, employers must keep employees informed at all times and provide adequate consultation and notice. Even when there is a variation clause in the contract, any change must still be reasonable. For example, an employer can vary an employee’s hours to meet a change in demand, but it cannot significantly reduce an employee’s hours and pay.
If an employee does not agree with the variation, they may:
- Refuse to work under the new conditions
- Work ‘under protest’
- Resign, and submit a claim for constructive dismissal
TUPE
When a business, or a part of a business, is transferred to a new owner or merges with another company to form a new entity, there are protections in place for employees and obligations to be met by the employers under the provisions of the Transfer of Undertakings (Protection of Employment) Regulations (‘TUPE’).
We can help guide employees and employers through this process to make sure the transfer is lawful.
For further advice please contact one of our Employment experts today.
Employment
Lead Team Contacts
Employment
News & Insights
See all latest news
Employment status and the Gettaxi case
Employment law recognises three statuses; self-employed, worker, and employee. This status matters because it determines
TUPE: when it applies and why employers need to know
TUPE stands for the Transfer of Undertakings Protection of Employment Regulations. The main purpose of the regulations i
Prepare for changes to the Working Time Regulations and employer record-keeping
The Working Time Regulations 1998 set minimum entitlements for rest and holiday, and they limit working hours and workin
Notice periods and pitfalls for employers to avoid
Whether the employee resigns or the employer dismisses the employee, notice usually needs to be given to end the employm
UK Supreme Court Ruling on ‘Woman’ in Equality Act
The recent ruling of the UK Supreme Court in For Women Scotland v Scottish Ministers [2025] about the meaning of the wor
Bereavement leave; an employer’s guide
For many employees, trying to work shortly after a bereavement can be extremely challenging. Along with their grief, the
See all latest news
Employment law offices
Contact Us
5 Poole Road
Bournemouth
Dorset
BH2 5QL
Tel 01202 377800







