Redundancy & Restructuring/Re-organisation
Restructuring or re-organisation of a business resulting in redundancy is sometimes necessary for organisations to remain efficient, competitive, or aligned with changing market demands. Even where the business case for the making of such changes is clear, the processes involved carry significant legal and operational risks for employers if they are not planned and managed carefully. A fair, transparent, and well-structured approach protects the organisation, supports those affected, and reduces the likelihood of claims and related disputes and disruption.
Organisational change driven by and in response to market pressures, rising costs, mergers, AI automation, or shifts in workforce requirements can be essential to the long-term stability of a business.
Even with a strong business case for making such changes, employers must ensure the process is fair, transparent and compliant to reduce legal risk. This requires open dialogue, clear communication, objective selection criteria, and consideration of practical alternatives.
If such changes are forced through without valid business reasons, planning or if changes are made inconsistently, employers may find themselves accused of unfair dismissal, discrimination, failure to consult or to consider suitable alternative roles. Poorly handled, such changes can damage morale, reduce productivity, and result in legal claims with resulting reputational damage.
A well-planned approach to redundancy helps organisations manage change with confidence and minimal disruption. With the right advice, companies can restructure effectively while preserving productivity and maintaining trust during periods of transition.
What Is Redundancy & Restructuring?
Redundancy occurs when there is a reduced requirement for a role in a business, e.g., because the job function has been automated or has become unnecessary due to workplace closures or there is reduced work of that kind. Restructuring or re-organising by a business can result in for example, changes to roles, responsibilities, reporting lines, or the overall makeup of the workforce. A restructuring or re-organisation can result in a reduction in headcount and related redundancies but that is not always the case.
Careful planning is essential. If redundancies are likely, employers will need to work carefully with affected employees, use transparent, objective selection criteria, and consult and communicate throughout the process. Discussing possible suitable alternative roles or reassignment can help mitigate related legal risk.
A fair and well-documented process not only reduces legal risk but also helps to maintain trust, which can also reduce the risk of legal claims around organisational change. A compliant process requires attention to several key elements, including:
Genuine redundancy situation
Workforce restructuring strategy
Fair selection criteria
Consultation and communication
Suitable alternative roles available
Redundancy payment obligations
How Can David Help as Your Redundancy & Restructuring Lawyer?
David provides guidance to employers on legally compliant redundancy and restructuring/re-organisation strategies.
He assists organisations in reviewing their proposed changes to determine whether they meet the definition of redundancy and in planning for such changes, selection pools, and scoring processes. He also advises on the appropriate use of pooling and bumping where relevant to ensure decisions are fair, transparent and defensible.
He takes employers through planning, consultation, either collective or individual, and ensures communication is balanced, timely and well-documented. He supports employers in developing objective selection criteria, evaluating alternative roles for suitability options, and advising on implementing role changes within the new structure. Where enhanced redundancy terms or employer-led settlement agreements are appropriate, David helps design packages that achieve a smooth, compliant and low-risk exit.
His support includes providing letters and documentation and scripts for meetings to ensure the organisation follows a consistent, well-documented and defensible process.
David is dedicated to reducing the risk of unfair dismissal, discrimination and protective award claims, and to aligning employment law requirements with operational needs.
Effective restructuring hinges on careful planning and attention to a few core elements, including:
Decision making and documentation
Process design support
Mitigating legal risk
Take advice before you make any announcement or take action on any changes to your organisational structure. Preparation in advance helps protect your business and results in reduced legal risk and clearer communication with employees. For transparent, commercially-focused advice, speak with David today.
Why Work With David on Your Redundancy
& Re-organisation/ Restructuring Project
With over 35 years’ experience advising employers, David brings clear, practical guidance to redundancy and restructuring exercises of all sizes. He combines a strong understanding of legal requirements with a commercial awareness of how organisational change affects employees, timeframes, and operations.
Acting for both employers and senior executives/ employees, he understands how processes are scrutinised from each side and anticipates potential challenges before they arise. Employers value his measured approach, meticulous planning, and ability to design fair, defensible processes that balance legal risk with business needs.