Whether it is to make your business more efficient or to reduce the size of the workforce, it is a normal part of business that from time to time, that changes to the structure of a workplace need to be made. This could include addressing inefficiencies in positions within the workplace, changing reporting lines, amalgamating and/or removing positions and generally changing the organisation’s structure.

Restructuring a workplace can be challenging and should be done in consultation with your employees. Redundancies may result from this process which present a significant legal risk to employers. The last thing you need at a time when you are trying to cut costs is a legal claim being made against you.

Common mistakes we see with restructuring

• Not having a sound business case to support the restructure.
• Not consulting with the employees who may be affected by the restructure.
• Not complying with obligations in a relevant award or enterprise agreement regarding major changes in the workplace.

Key risks of getting it wrong

Employers who fail to meet their obligations when restructuring their workplace may find they have disgruntled employees and this can result in possible union involvement and/or legal claims from employees who feel aggrieved by the process.

How can we help you?

There is no ‘one size fits all’ approach to restructuring a workplace. Our Employment Lawyers can assist in preparing a business case for you, provide advice on the proposed restructure and tailor a procedure to restructure your business that suits your needs. We can also advise and represent you in any industrial action or legal claims.

It is important that you get legal advice before you commence a restructure.