Business Transfers and Re-organisations
The employment team work closely with the corporate team on transactional matters and have a wealth of experience in advising buyers and sellers of businesses on the issues of the people employed in the business, whether they be employees or consultants. In a lot of cases, people will overlook the fact that often the most important asset of a business is its employees and unless the appropriate steps are taken to retain employees who are important to the business, the business might have little value. When there is an asset purchase both the seller and the buyer will need to consult with their employees and Rix & Kay can advise employers on how to do this and of the implication of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). If a buyer of a business has existing staff they may well want to harmonise terms and conditions. This is generally not allowed under TUPE but the employment team at Rix & Kay can advise on how you possibly can achieve changes. The employment scene is changing rapidly as employers will be aware and sometimes it is necessary to carry out a business re-organisation to meet changing demands or new technology. This does not always result in redundancies but, employers will need to be aware of the need to follow fair procedures otherwise disgruntled employees could resign and claim constructive unfair dismissal. If redundancies are likely to result, employers will need specialist employment advice in how to carry out those redundancies fairly.