Mergers and Transfers
Where employers are considering merging or being part of a transfer of undertakings or a transfer of engagements, we assist with HR due diligence and pre-merger or pre-transfer planning, the process and the post-integration HR and IR issues.
Transfer of Undertakings
The Protection of Employees on Transfer of Undertakings Regulations (TUPE) are designed to safeguard employees’ rights in the event of a transfer of a business, and to establish the responsibilities of both the previous and new owners of the business. Such a transfer can apply in a merger and acquisition situation, the contracting out of a business or the loss of a contract to another supplier.
It is important first to establish whether a transfer of undertakings applies in each situation.
Where it does, the employees of a business being transferred move to the new employer with their accrued years of service, existing terms and conditions of employment (excluding occupational pensions) and collective agreements to which they may already be subject.
Under the Transfer of Undertaking Regulations, both the original employer and the new employer must inform the representatives of the employees affected by the transfer not later than 30 days before the transfer.
Our team will help you to meet the obligations of the Transfer of Undertakings legislation and assist you with the consultation process to ensure a smooth transfer and that you meet your legal obligations. Please contact us or Call 01 866 6426 for more information.
HR Due Diligence
HR Due Diligence is a key area of due diligence in any merger or acquisition opportunity. The success of a merger will largely likely in the people, culture and organisational aspects. The key issues and risks should be identified and understood as early as possible.
Major areas for identification include;
- Organisation structure
- Workforce skills and talent
- Management and leadership
- Pay and benefits
- Employee relations and industrial relations
- HR and talent management processes
- Staff turnover and retention
- Employment legislation and compliance
The detailed analysis of the above areas should provide the management team and Board with the information needed to identify key strengths, issues, costs and risks from a whole people, culture, talent, HR and organisation perspective.
A comprehensive picture of HR (people, process, organisation, culture and technology) is essential in any merger or acquisition.
Guidance and support on addressing identified HR issues and risks, managing pre-merger discussions, identifying post-merger organisation structures and preparing a post-merger HR integration plan will lead from the HR due diligence. Opportunities for consolidation, harmonization, HR efficiencies and cost savings will be identified and programmes developed from there.
Successful post-merger integration is critical to achieve the business objectives arising from the merger. Research shows that a large percentage of mergers fail to achieve their stated objectives, and much of this can be related to problems with integration post-merger. These problems tend to focus around the HR area – people and culture. Different cultures and work styles. Leadership issues. And much more.
Day one readiness for everything on the HR spectrum is essential for success.
Identifying and preparing for issues related to several areas is critical. These issues include:
- Leadership and management structure
- Organisation structure
- Rationalisation, rightsizing and redundancy
- Diverse cultures and teams
- Diverse pay and benefits
- Streamlining HR processes and technology
We have been assisting organisations in a range of sectors. Please contact us for more information on how we can help.
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