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Company mergers and acquisitions and the transfer of undertakings from one company to another are an ever present feature of today's business world. Often these require the integration of different workforces and/or teams from very different organisational cultures. This integration activity is often of mission critical importance, needing to be undertaken swiftly and effectively. In many instances it will have to be implemented against the complex and constantly changing context of statutory employment protection rights (the European Acquired Rights Directive and the UK's "TUPE" legislation). These situations provide major challenges to all businesses large or small and are even more complex when cross border changes occur. The impact on smaller organisations is proportionately even greater because whilst the number of staff will be smaller, the demands of the statutory framework remain the same. Understanding all the direct and indirect people related costs and benefits associated with the proposed change is of vital importance. A comprehensive due diligence assessment should therefore be a key part of the decision making process. If business integration is a strategic goal, how different are the workforces in question and why are they different? What about compensation arrangements? If the two teams are to work together as one, do they need to be rewarded according to the same rules? What will be the defining characteristics and values of the new organisation? How different are these from those of the precursor organisations? How long will it take to establish them? Who will be the winners and losers? How will we manage the impact on the losers and re-assure the winners? How long will all this take? How much will it cost? Will we have to make redundancies and if so how many? Is re-training an option? Are there trade unions involved? If so how will we deal with them? Will it all be worth it? Managing the implementation of changes to the organisation and its culture and dealing with the impact of the changes on employees is therefore often a key requirement. Follow the links for information specifically about: TUPE and:
Some of our work and case studies
1995 - TUPE transfer of 400 staff in an Electrical Retailing to a management buy out team 1999 - Qualified out the potential TUPE transfer-in of an IT Services operation due to excessive risks associated with pension costs 2000 - Transfer-in of IT SAP Consulting business. 2003 - Integration of Consulting teams and remuneration schemes following merger of IT companies 2004 - Transfer-in of IT Services Operation supporting a major Insurance company 2006 - Transfer-in of sales force to newly created French subsidiary of a UK manufacturing business 2007 - Managed the TUPE transfer-in of Chauffeuring team following the re-assignment of a contract of service by a major international Media and Information company 2008 - Advised a major Property Services Company on the development of their strategy for Outsourcing IT Services and managing the TUPE issues within a context of multiple previous acquisitions and transfers
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