Business reorganisation

This topic considers the employment-related legal and practical issues that may arise when an employer reorganises the structure of its business and how to manage the interaction between them.

Implementing a business reorganisation—employment issues

A number of employment law issues arise when a business wants to implement a reorganisation. The various issues are both legal and practical and how to manage the interaction between them can be challenging.

In practice, businesses will often take calculated risks on short-cutting the relevant legal processes, perhaps to save time or by a degree of reverse engineering to achieve a desired outcome.

The exercise should be approached from the start as one that may be subject to legal challenge. This means that until the point a final decision has been taken on the new structure, all documents created for the purposes of planning the re-structure should be marked draft, and at a point in the process where a proposal has been reached, they should be marked 'subject to consultation'.

Once the business has a preferred new structure, usually from a range of options that have been considered, the following employment law issues

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