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When reshaping your business you need to be clear about why you’re making changes to employees’ jobs. Legally, you don’t need to prove the changes are going to achieve your commercial objectives (although a coherent strategy helps!). That said, here are a few things to consider:

Focus on business needs – consider business priorities. Are annual plans on track, is there reducing demand or increasing costs, are certain roles no longer affordable? A tribunal will spend time understanding the commercial circumstances you face when checking your reasons for change are genuine (and not an opportunity to quickly dismiss poor-performing employees).

Record the facts – it’s useful to record the facts you’re presented with at the time you make changes so you can show the context for the decisions. Think basic spreadsheets, year-on-year figures, changing business expenses or overheads etc.

Outsourcing and TUPE – if you’re outsourcing work you currently do you’ll need to take advice on whether you’re creating a TUPE transfer. If outsourcing creates a TUPE transfer you’ll need to take extra care as employees subject to TUPE transfers have enhanced employment law protection.

If you need advice or guidance on reshaping your business – Intelligent Employment is here to help. Find out how. 


This update is accurate on the date it was sent (07 October 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.

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