Organisations and the services they deliver do not stay the same over time.
In the current climate more and more organisations have to contemplate mergers or even closure.
Some organisations lose service delivery contractors and others gain them. In each of these scenarios it is important to take advice and make sure that staff and employment related matters are dealt with in ways that are legally compliant. Employment law in this area can be particularly complex so take advice. This section explains where to go for help when dealing with redundancies and TUPE.
Redundancy is the dismissal of an employee from their job, due to a reduction in the work force. It can be because a job role disappears or is no longer required, but other circumstances may sometimes apply. Common factors that cause redundancies can include:
- a job role no longer exists
- the organisation moves or closes down completely
There may though be alternative strategies and that is why it is best to take advice at an early stage. Possible alternatives to consider may include:
- Reduced hours of work
- Pay freeze or cuts
- Voluntary redundancy
- Early retirement
- Recruitment freeze
The procedures an organisation should adopt to ensure fair and sensitive treatment to all staff, in a redundancy situation are all set out in the documentation accessible through the PERS website.
Organisations undergoing change - Mergers and TUPE
Organisations in the third sector are only too well aware that change is now a given. Mergers in the third sector are becoming increasingly commonplace and it is vital that advice is taken at an early stage so that all of the staffing implications are taken into account
The Transfer of Undertaking Protection of Employment Regulations (TUPE) protect employees whose organisation is taken over by another, or when a contract such as cleaning, or provision of a service by an organised group of workers, is taken away from one organisation and awarded to another. Negotiating the TUPE regulations can be one area where specialist support over a period of time is necessary and PERS can provide this advice.
Help with Changes in Employment
PERS (Pay & Employment Rights Service) can provide advice and support managing change within an organisation as well as providing specific and detailed consultancy support to enable you to deal with the employment-related aspects of mergers – TUPE. PERS employment specialist will be able to steer you in the right direction and make sure that you avoid any costly penalties! To find out more contact PERS.