Changing Direction
Whether an employee resigns, a role becomes redundant, or your business is going through a transfer or restructure, these situations need to be handled carefully. Following the right process protects your business, ensures people are treated fairly, and keeps matters professional from start to finish.
Before You Set Off
Picking Up Pace
Maintain Momentum
Shifting Up a Gear
Bumps in the Road
Changing Direction
At some point, every employment relationship ends. Some exits are straightforward: a resignation, a retirement, a natural end to a fixed-term contract. Others are more complex. However an employee leaves, the way the exit is handled matters for the business and for the person leaving.
We handle the full range of exits, from the administration of a straightforward resignation through to a complex redundancy consultation or a restructure affecting multiple roles.
At this stage we help with:
- HR Consultancy: redundancy, TUPE, dismissals, restructuring s, disciplinaries, grievances
- HR Administration: offboarding, resignation admin, exit interviews
- Advice and Support: ongoing support through transition
Redundancy
A fair redundancy process involves a genuine redundancy situation, a fair selection process, adequate consultation, consideration of alternatives, and correct notice and pay. Getting it wrong can result in an unfair dismissal claim or an automatically unfair dismissal.
We manage redundancy processes from start to finish: advising on the legal requirements, assessing your options and the business case, producing the documentation, and supporting you through consultation meetings. For businesses where AI or restructuring is creating redundancy situations, our experience in this area is extensive and growing.
Resignations and offboarding
When an employee resigns, notice periods need to be applied correctly, holiday entitlement needs to be calculated, access to systems needs to be revoked, and the Breathe record needs to be updated. We handle all of this through our HR Administration service.
Settlement agreements and COT3s
A settlement agreement is a legally binding contract used to end an employment relationship by mutual consent. We draft settlement agreements and COT3s for clients and advise on the appropriate costings as part of the business case. All settlement agreements must be signed off by an independent legal adviser acting for the employee. We work alongside employment solicitors to facilitate this where appropriate.
TUPE
TUPE, the Transfer of Undertakings (Protection of Employment) Regulations, applies when a business or part of a business transfers from one employer to another, or when a service changes hands. Employees transfer with their existing terms and conditions intact, and there are specific information and consultation obligations.
We guide businesses through TUPE transfers from both sides: whether you are acquiring a business and inheriting its employees, or transferring a contract and managing the implications for your team.
Dismissals
A dismissal for conduct, capability, or some other substantial reason requires a fair process even where the reason for dismissal is clear. Under the new Employment Rights Act rules, from 1 January 2027 employees will have unfair dismissal protection from six months of service. We advise on every stage of the dismissal process and make sure the documentation is in place to defend the decision if challenged.
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