LGBT CONSORTIUM EMPLOYMENT WORKSHOP PROCEDURAL REQUIREMENTS AND CONSIDERATIONS IN CASES OF REDUNDANCY, MERGERS OR TAKING OVER EXISTING SERVICES OR CONTRACTS.

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Presentation transcript:

LGBT CONSORTIUM EMPLOYMENT WORKSHOP PROCEDURAL REQUIREMENTS AND CONSIDERATIONS IN CASES OF REDUNDANCY, MERGERS OR TAKING OVER EXISTING SERVICES OR CONTRACTS

REDUNDANCY Definition The employer has ceased, or intends to cease, continuing the business, or the requirements for employers to carry out work of a specific type, or in a specific place, have ceased or diminished

REDUNDANCY Pool for selection Selection Criteria Consultation Suitable alternative employment

REDUNDANCY Right to be accompanied Right to appeal Redundancy pay Restructuring/Reorganisation

TUPE REGULATIONS The Transfer of Undertakings (Protection of Employment) Regulations 2006 Merger Service Provision Change Liability of transferee and of transferor

TUPE REGS Consultation and Notification Transferor obligation to provide information When is TUPE likely to apply? - Exceptions Employee does not wish to transfer

TUPE REGS AND ETO DEFENCE ECONOMIC A reason relating to the profitability or market performance of the new employers business TECHNICAL A reason relating to the nature of equipment or production processes which the new employer operates

ETO continued ORGANISATIONAL A reason relating to the management or organisational structure of the new employers business ETO reason must entail changes to the workforce

Prepared and delivered by Andy Harris I advise and represent on all aspects of employment law. Why not visit my website at to see the services I offer, which includes unlimited access to and telephone advice for a reasonable annual fee. Alternatively, I would be happy to discuss your requirements with you. You can contact me via the website or at