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United Kingdom

Employment law checklist for business reorganisations: redundancy, SOSR, collective consultation, contract changes and TUPE

Published by a LexisNexis Employment expert

Checklists

This checklist reviews the employment law considerations that arise when carrying out a business reorganisation. It addresses initial planning points, whether a redundancy situation exists, ‘some other substantial reason’ (SOSR), how the employer may resist claims about dismissals, whether collective consultation duties are engaged, changes to contractual terms and conditions, and if a TUPE transfer applies. It proceeds on the basis that there is a restructure but the undertaking continues to operate at the same site and, therefore, no ‘place of work’ redundancy arises. For broader guidance, see Business reorganisations—overview and Practice Note: Implementing a business reorganisation—employment issues.

Initial considerations

Assess the composition of the project team and safeguard project documentation to:
- preserve confidentiality and for consultation purposes (eg label all proposals as ‘subject to consultation’). See Practice Note: Implementing a business reorganisation—employment issues: Initial considerations
- limit circulation, where required, to protect legal advice privilege
Consider whether non-disclosure agreements are required and, if so, to what extent. Take into account any relevant professional duties or obligations (see Practice Note: Non-disclosure agreements (NDAs) and confidentiality provisions in employment)

Reason for dismissal—Redundancy situation?...

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Hannah Swindle

Gowling WLG

Hannah has broad experience in helping private and public sector clients effectively manage employee risk. She advises on the full range of employment work, working with clients.to resolve employment law issues quickly and efficiently. Hannah has a particular emphasis on employment matters arising from TUPE, insolvency and restructuring. She regularly advises public and private sector clients in planning for and managing TUPE transfers in the context of first and second generation outsourcing, business sales and restructuring. She provides pragmatic advice on all aspects of the process including procurement, negotiation of appropriate contractual protections, provision of employee information, consultation with unionised and non-unionised workforces and post-transfer integration and change processes. Hannah provides clients with sensible and effective support and solutions for their day-to-day employee problems, focussing on achieving the best outcome for the client, in line with their priorities and aims. She has...

Web page updated on 20/05/2026

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