Pre-transfer collective redundancy consultation agreement

Produced in partnership with Hannah Swindle of Gowling WLG
Precedents

Pre-transfer collective redundancy consultation agreement

Produced in partnership with Hannah Swindle of Gowling WLG

Precedents
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This Deed of agreement is made on [insert date]

Parties

  1. 1

    [FULL NAME OF COMPANY], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (Transferee); and

  1. 2

    [FULL NAME OF COMPANY], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (Transferor).

Background

    1. (A)

      As a result of the transaction to be effected by [insert reference to appropriate transaction document or description of transaction], the parties accept that there will be a Transfer of [insert description of business or services transferring] from the Transferor to the Transferee, referred to in this Agreement as the Proposed Transfer and have agreed this Deed of Agreement (Agreement).

    1. (B)

      As the Transferee proposes to dismiss by reason of redundancy 20 or more employees at one establishment within a period of 90 days or less, and the Transferring Individuals include at least one In Scope Individual, the parties accept that the obligations in sections 188 to 198 of TULR(C)A apply to the Transferee's proposals.

    1. (C)

      The

Hannah Swindle
Hannah Swindle

Solicitor, 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 extensive experience in negotiating and drafting employment contracts and settlement agreements, advising on individual and collective redundancy processes, defending tribunal claims advice on enforcement of post termination restrictions and keeping clients updated on the latest employment developments through bespoke training.

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Jurisdiction(s):
United Kingdom
Key definition:
Collective redundancy consultation definition
What does Collective redundancy consultation mean?

A term used to describe the employer's statutory obligation to enter into collective information and consultation with its employees.

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