The current economic downturn is seeing many an organisation
consider the merits of a restructure. Whether it's in the
context of the public or private sector, obligations under
employment law don't change, and potential legal liability and
reputational risks to the employer always exist if the process is
not managed correctly. Within the context of local authorities,
however, there are some additional and very specific legislative
requirements which need to be carefully and appropriately
navigated.
The general obligations of any employer are that, when proposing
a restructure, employers must ensure that the proposed changes
are:
- Substantively justified - meaning that the employer has genuine
reasons to undertake the restructure; and