The word “restructuring” can strike fear into the hearts of union members, often signalling changes that could affect job security, roles, and working conditions. If you’ve just been informed that your organisation is undergoing a restructuring, it’s natural to feel anxious and uncertain about what lies ahead. However, understanding your rights and knowing how to navigate the situation can help you manage this challenging time more effectively. In this post, we’ll break down what restructuring means, what your rights are, and what steps you can take to protect yourself.
What is restructuring?
Restructuring is a process where an organisation changes its structure, operations, or strategy to improve efficiency, adapt to new market conditions, or address financial challenges. This can involve:
- Mergers: Combining with another organisation or being acquired by one.
- Departmental reorganisation: Shifting roles, responsibilities, or merging departments.
- Downsizing: Reducing the workforce by eliminating positions.
- Outsourcing: Transferring certain functions to external organisations.
While restructuring can lead to positive changes, such as new opportunities or more efficient operations, it often results in job losses, role changes, or relocations, which can be unsettling.
Your rights during restructuring
If you’re affected by restructuring, it’s important to know that you have certain rights protected by employment law. These rights include:
- Consultation: Employers are required to consult with staff before making significant changes to their roles, conditions, or employment status. This consultation period allows you to voice concerns, ask questions, and propose alternatives.
- Redundancy rights: If your role is made redundant, you may be entitled to redundancy pay, a notice period, and time off to find a new job. The amount of redundancy pay depends on factors such as your length of service and age.
- Fair selection process: If redundancies are being made, the selection process must be fair and objective. Redundancy cannot be based on discriminatory factors such as age, gender, race, or disability.
- Alternative employment: Your employer must explore the possibility of offering you a suitable alternative position within the organisation before making you redundant. This could involve a different role, even if it means retraining.
- Right to appeal: If you believe you’ve been unfairly selected for redundancy or your new role is unsuitable, you have the right to appeal the decision.
Steps to take if you’re being restructured
Facing restructuring can be overwhelming, but there are steps you can take to protect your interests and plan your next move:
- Stay informed: Ensure you fully understand the restructuring process and how it will impact you. Attend any consultation meetings, read all communications carefully, and don’t hesitate to ask questions if anything is unclear.
- Document everything: Keep detailed records of all communications and meetings related to the restructuring. This includes emails, meeting notes, and any documentation provided by your employer. These records will be valuable if you need to challenge any decisions or take legal action.
- Seek support: Reach out to the UWU as soon as you’re informed of the restructuring. We can provide guidance, represent your interests during consultations, and help you understand your rights.
- Explore your options: If your role is at risk, consider your options carefully. This might include exploring alternative roles within the organisation, negotiating a severance package, or starting to look for new employment opportunities.
- Ensure your well-being: Restructuring can be a stressful and emotionally taxing experience. Ensure you take care of your mental and physical health during this time. Seek support from colleagues, friends, or a mental health professional if needed.
- Understand your financial position: If redundancy is likely, take time to review your financial situation. Understand your redundancy pay entitlements, and consider creating a budget to manage your finances during any period of unemployment.
- Prepare for the future: Use this time to update your CV, brush up on your interview skills, and network. Even if you remain in your role, it’s always beneficial to be prepared for new opportunities.
What if you’re unhappy with the outcome?
If you’re dissatisfied with the outcome of the restructuring process, such as the redundancy terms or the new role offered to you, you have options:
- Appeal: Formally appeal the decision through your organisation’s internal process, stating your reasons and providing any supporting evidence.
- Seek advice: If you believe your rights have been violated, such as being unfairly selected for redundancy or not receiving proper redundancy pay, seek advice. The UWU can often provide support and if needed, refer the matter to our panel of solicitors.
- Negotiate: Don’t be afraid to negotiate terms, whether it’s for a better redundancy package or more favourable conditions in a new role. We can assist you in these negotiations.
Key points
Restructuring can be a daunting and uncertain experience, but it’s crucial to remember that you’re not alone. By staying informed, seeking UWU support, and taking proactive steps, you can navigate the changes with confidence and ensure your rights are protected. If you’re facing restructuring, reach out to us for advice and support—we’re here to help you every step of the way.