Navigating redundancy and restructuring: A practical guide for employers

Navigating redundancy and restructuring: A practical guide for employers

Person in a business suit is about to balance a wooden block on top of two wooden columns
Contents

Introduction

Right now, many New Zealand businesses are feeling the pinch of what’s been termed a “technical recession”, pushing companies to reassess their structures and operational costs.
We know that change is inevitable in business. When the change involves restructuring roles within a company or even making positions redundant, however, there are certain processes that need to be followed to ensure the safety of your business and the well-being of your people.
For employers, understanding these processes is crucial for navigating them smoothly while supporting affected employees.
Facing the prospect of making staff redundant is never easy, and it’s natural to feel a mix of concern and uncertainty. But it’s important to remember that these decisions, though difficult, are sometimes necessary to ensure the long-term viability of your business.
With that, what follows is a practical guide for employers to manage restructuring and redundancies effectively.

Defining restructuring and redundancy

Restructuring involves reorganising the business or specific roles to align with changing company requirements.
Redundancy is when a position is disestablished, and the employee is not deployed into another role.
It’s important, as an employer, to consider other options prior to redundancy to show your commitment to valuing your employees.
Other options could include redeployment opportunities, reduced hours by agreement, or cost-cutting measures in other areas of the business.

Navigating redundancy and restructuring:
A practical guide for employers

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Planning and preparation

Before initiating any changes, you’ll need to establish the business reasons behind them.

These reasons should be justifiable and clearly documented, and you’ll need to communicate the reasons to employees during the consultation process. A solid rationale not only guides your decision-making process but also provides transparency to your employees during consultations. This clarity ensures that everyone understands the necessity and inevitability of the changes.

Identify which roles need to be changed or disestablished, then draft a proposed organisational chart to visualise the new structure.

Creating new positions during this process is common. If a new role is identified, assess its similarity to existing roles so that you can determine whether you need to offer it to affected employees or conduct a recruitment process.

Conducting the consultation and decision process

Next, it’s time to talk. Present the proposal for change, and actively listen to feedback offered by your employees. Not only does this demonstrate the respect you have for your team, but it also fosters trust that the organisation is considering the options thoroughly.

Employee input and feedback may also uncover insights and enhance acceptance of the proposed changes, so it’s important to consider the points raised during this process.

Any decision you make, even if it’s as a result of the feedback you’ve already received, will need to be proposed to your employees first. This will protect you legally should any disgruntled individual raise a grievance.

When presenting change, it’s also important to provide the employee with time to reflect on the proposal, and you need to ensure that decisions are not made prior to employee feedback.

Finally, any questions, comments, or alternative suggestions must be considered, and as the employer, you’ll need to provide feedback to those responses.

Additional information and potential issues

During this period of transition, emotional responses from employees are expected.

Provide support and show empathy if employees are distressed. This can alleviate tensions and facilitate smoother interactions. Handle the process transparently, avoiding the misuse of redundancy to sidestep performance management issues.

Mistakes to avoid

Avoid these common pitfalls:

  • Making a pre-determined decision around the outcome of the proposal (even private emails may be used as evidence if the issue goes as far as employment court).
  • Being unclear about the justification for the change or what the proposal means for affected employees.
  • Using redundancy to remove staff for poor performance or other reasons.
  • Not providing all the documentation for the proposed restructure.
  • Failing to consider all possible alternatives to redundancy.

Managing redundancy and restructuring requires careful planning, transparent communication, and empathy towards affected employees. By following established guidelines and seeking professional support when needed, employers can navigate these challenges effectively while upholding their legal obligations and fostering a positive workplace culture.

Restructures and redundancies can be complex to navigate – as well as exposing employers to legal action if mishandled, they can also take an emotional or psychological toll on both employers and employees.

When to recruit after making someone redundant

When to recruit after making someone redundant

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When to Recruit After Making Someone Redundant

Understanding when to recruit after making someone redundant starts with one key principle in NZ law: redundancy removes the role, not the person.

A disestablished position no longer exists in your structure, which means you can’t simply refill it unless the role itself has genuinely changed or the business need has shifted.

An employee only exits the business when there is no suitable redeployment option available at that time. While there is no legal requirement to hold roles for six months, best-practice HR guidance recommends offering any upcoming suitable positions for a reasonable period to demonstrate good faith and reduce the risk of a personal grievance.

This is why understanding when to recruit after redundancy is essential. Rehiring into the same or very similar role too soon can increase the risk of a claim that the redundancy was not genuine.

Practically speaking, you can only recruit after redundancy when there is a genuinely new or materially different business need. If the role looks substantially the same as the one disestablished, it may be viewed as recreating the same job, even if the title has changed.

It must be clear and defensible that your new position reflects real changes in duties, structure, or business requirements.

If you’re working through redundancy or restructuring and want to check that your HR foundations are solid, our free HR audit | People Inc Scorecard gives you instant clarity.

When to recruit after making someone redundant: what the law allows

Understanding when to recruit after making someone redundant means also understanding what must happen first. The restructure process has to be transparent, fair, and based on genuine business needs and not performance issues or convenience. Skipping steps or rushing the process is the most common reason employers end up facing personal grievances.

Following a compliant restructure significantly reduces the risk of a grievance. The moment redundancy feels personal, rushed, or poorly communicated, employers lose trust and credibility fast. A clear, fair process protects both your people and your business.

See Employment NZ’s redundancy guidance for additional context.

Restructuring process

When can you recruit after making someone redundant? After the business planning and structure revisions are considered at management level – based on business requirements, the initial stage of restructuring is one of consultation and soliciting feedback from the employees. Anyone potentially impacted by a change in the structure must be consulted – and there is a strict sequence of events to be followed to ensure this process is compliant. We are not listing that information here, simply because compliance requirements can change from time to time.

Employees should be invited to have a support person attend meetings with them (but are not required to do so) – meaning that enough time to allow people to contact their support person and enough time to consider the situation to hand must be allowed for in the process – but not so much time that they begin to become anxious. A couple of days are generally enough.

Most employers getting into difficulty with grievances have skipped this step and presumed that they have the right to make changes that impact on employees without a consultation process.

Following consultation, the employer is required to take time to consider feedback before moving forward.

In the case of a team where all employees have the same position and one or more positions are to be disestablished, in the absence of a company policy stating the redundancy structure when restructuring occurs (which we recommend for all businesses), each team member must be individually met with an interviewed for the remaining positions.

In this instance, a selection process is required. That process must also be transparent and laid out at the initial consultation so that everyone knows what to expect.

Following your reconsideration, another meeting must be held.

Positive side effects of managing a restructure and redundancy process correctly are as follows:

Firstly, you have taken time to consider the restructure from a business point of view and you have a business based reason for the moves at play. This ensures no personality or performance related issues are able to be connected to your decisions.

Secondly, because the team has been informed from the outset, had the opportunity to input and to consider what the business needs, they will adjust much more easily to losing a job or a teammate.

Employers acting in good faith putting business needs at the fore will generally manage this process without it feeling personal for the employees, which means less risk and less grief due to a team member’s job and thus a team member being removed.

Need assistance or guidance with this process? Our team of HR experts are here to help or to manage the process for you. Often that is easier for all concerned. Please contact if you feel that this would be helpful for you.

If you’re unsure whether your restructure is compliant, or when it’s safe to recruit again, our free HR Audit is a simple place to start. It gives you a quick read on your HR systems, risks, and next steps so you can move forward with confidence.

Contact us to find out how we can help your business.

The difference between redundancy & restructuring

The difference between redundancy & restructuring

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With so much pressure on employers in 2020 due to COVID-19 – the introduction of work from home, social distancing and hygiene practices to prevent a second wave during Level 3 Alert, some employers will also need to consider restructuring and potentially disestablishing some positions to navigate their business forward. Firstly, it is important to note that employers are obliged to act in good faith and in the interests of employees as well as in the interests of their business at all times.

All considerations in regards to restructures – and potential resulting redundancies must be fully transparent.

Employers have the right to act in accordance with the requirements of their business, but a process must be followed in the area of altering the structure – whether it be for business growth or reduction.

Restructures are commonly assessed due to a change of market and trading environment, an acquisition or a change in direction in business strategy.

Firstly, by way of definition, redundancy (otherwise termed as role disestablishment) is the outcome of a restructuring process, and would usually be considered the last resort in terms of the employee or employees concerned.

Role disestablishment does not always mean the termination of an employee’s contract – very commonly where a role is disestablished, the employee is moved into another broader (or more specialised) role.

The single most important consideration is whether or not the role is required in the immediate and foreseeable future for the business.

To begin the process of business restructure, the business plan must first be put in place and all resources – inclusive of workforce, taken into consideration.

Where workforce is concerned, the skill matrix identifying gaps and overlaps is a key element. While a downsized structure due to pressure on profitability and business viability is in question, succession planning must also be considered and the business plan needs to examine areas of potential growth and increased margin.

In this regard, your overall restructuring strategy may well require the introduction of new or higher skills in some areas – or specific requirements for experience and expertise may be sought out for business plan progression into new avenues.
A restructure does not necessarily mean a chopping of employee numbers (although this is commonly the outcome). Every aspect of business must be carefully considered.

Where role disestablishment is the only option – and no new role can be established for the employee in the role, redundancy due to role disestablishment takes place.

Careful communication with the employee concerned is required. Redundancy is very stressful for employees and it’s important that it is not a surprise – and equally important that all avenues for retaining or repositioning this employee are evaluated.

Employees faced with disestablishment must be paid all owing holiday pay in their final pay cycle, they must be allowed time to attend interviews if they wish to and they may also be offered outplacement support – which involves assisting them with CV optimisation, prepares them for successful interviewing and ensures they are feeling as optimistic and positive as is reasonably possible under the circumstances.

If employers are feeling unsure about the correct process to follow – ensuring compliance and risk minimisation during this process, professional HR support is recommended.

For full and detailed guidance, please contact us and one of our consultants will be happy to assist you, or you may wish to consider purchasing our Restructure & Redundancy Toolkit from this website.

Contact us to find out how we can help your business.

Restructures and redundancy

Restructures and redundancy

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Restructures Involving Restructures and Redundancy

In relation to restructures involving redundancy, there has been a long-held perception that as employers are entitled to manage and organise their businesses and to determine which positions will be selected for redundancy.

It has been generally accepted that as long as there are genuine employer reasons, and redundancy has been implemented in a procedurally fair manner (involving consultation with the employee), the Employment Courts will not interfere with management’s commercial decisions to restructure and make redundancies as they see fit, even if those decisions are poor ones.

This is no longer the case!

The Employment Court now places focus on employer decision making process

Recent decisions in the Employment Court make it clear that rather than the Court being chiefly focused on the consultation process, they are now also placing greater scrutiny on the justification for the employer’s commercial decision to restructure and whether it made a decision to terminate the employment relationship on substantively justified grounds.

Redundancy can be challenged by an employee through the personal grievance process outlined in the Employment Relations Act 2000, as can any other type of employee dismissal.

This process requires an employer to justify the redundancy, and that the manner in which it was executed was considered to be fair and reasonable in the eyes of the court.

Using redundancy to mask any other reason for terminating an employee’s employment (e.g. poor performance, personality based reasons or any other non financial reason) will not be tolerated by the Courts.

A personal grievance means a claim that an employee has against the employee’s employer or former employer that he or she was:

  • Unjustifiably dismissed; or
  • Disadvantaged by some unjustifiable action.

If an employee is terminated for redundancy reasons and is found to have been unjustifiably dismissed for want of substantive justification, the remedies available to the employee include reinstatement to the former position or a position no less advantageous to the employee, reimbursement of a sum equal to the whole or any part of wages lost by the employee as a result of the grievance, and payment of compensation to the employee for either humiliation, loss of dignity and injury to the feelings of the employee, and/or compensation for loss of any benefit which the employee might reasonably have been expected to obtain if the grievance had not arisen.

Even if an employee is reinstated, an award for lost wages may be ordered for the period between the dismissal and reinstatement, and an award for compensation for hurt feelings may be made.

Restructures and redundancy is becoming more complex

Recent employment cases signal that restructures and redundancy is becoming more complex and remains an important topic in employment.

There are many reasons when embarking on any process that may result in an employee or employees being made redundant, whether it is an internal restructure or a sale of a portion of a business, it is more important than ever for employers to seek professional advice and guidance early.

Undertaking this process with an experienced HR professional is a huge advantage and relief for an employer, and CHQ can assist by setting out all the factors that should be taken into consideration, mapping out a process and assisting you with the implementation of these.

Disclaimer: the content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.

Contact us to find out how we can help your business.

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