Can I cut jobs painlessly?
My company has gone into administration. It looks as though we may have a buyer, on the condition that we cut several jobs. Is there anything I can do to ensure the process is as smooth as possible?
Once your business enters administration, you hand control of the company to the administrators. You are obliged to co-operate fully with them to implement any changes made as a result of the restructure and potential transfer of the business. This process will be unsettling for your employees, particularly if jobs are at risk. You should ensure that staff are well-informed and their expectations managed at each stage of the process.
An inclusive process will benefit not only the staff affected but protect value in the company’s brand.
Despite the fact that your company will be in administration when it is sold, the rules on transfer of undertakings (protection of employment), commonly known as TUPE, will still apply to a movement of your employees to the purchaser. The TUPE rules contain concessions where the company from which people are transferring is insolvent in the hope that it will encourage the rescue of more businesses.
It is potentially easier for an administrator or a transferee to vary the transferring employees’ terms and conditions of employment. However, the fact that your business is in administration will not be sufficient for the company to rely on the special circumstances defence for any failure to comply with its collective consultation obligations.