Cross‑Border Restructure & Redundancy Advisory
Summary
Kingfisher was retained by a multinational technology group – headquartered in India with a growing UK subsidiary – to manage the exit of its UK‑based CEO and execute a subsequent organisational restructure. Over a three‑month engagement, our team crafted a bespoke Settlement Agreement, guided the client’s India‑based lawyers through the ACAS Early Conciliation process, implemented a compliant redundancy programme for three roles, and resolved a complex grievance and appeal.
The engagement closed with all consultations completed within statutory windows, zero tribunal claims, full UK compliance and the flawless integration of UK operations under Indian Head Office oversight.
The Challenges
The client’s India‑based leadership faced an urgent need to exit their UK CEO under a bespoke Settlement Agreement, yet had no in‑house expertise in crafting or negotiating such documents. With governance shifting to the Indian Head Office and no successor appointed, ambiguity over UK reporting lines compounded the risk.
Three UK roles – identified as surplus – required legally compliant Contracts of Employment amendments and a robust consultation process under the Employment Rights Act. The inexperience of the India‑based legal team with UK redundancy notice obligations, Policies and Procedures, and Employment Law Compliance created exposure to procedural missteps. Finally, one employee’s refusal to engage, followed by a grievance and appeal, threatened costly tribunal claims without the benefit of expert Tribunal Representation.
Our Approach
Kingfisher mobilised its full suite of Employment Law Services and HR Services to deliver end‑to‑end support. We began with tailored Advice workshops via Teams to align the board and in‑house counsel on the ACAS Early Conciliation process and statutory timelines. Our Consultancy team then drafted and executed customised Settlement Agreements alongside amendment letters to existing Contracts of Employment, ensuring every redundancy invitation and notice conformed to best‑practice Policies and Procedures.
Two roles were settled quickly using enhanced redundancy packages under our Medium‑Business Employment Law Solutions, while the third proceeded on objectively defensible grounds. When the personal assistant lodged a grievance and appeal, our impartial Investigation and outcome letters – fully compliant with the ACAS Code of Practice – allowed us to defend the decision successfully. Throughout, we provided Fractional HR support to manage communications, and stood in as the client’s Tribunal Representation, negotiating a final settlement well below anticipated exposure and avoiding litigation costs.
The Results
Within three months, Kingfisher delivered a smooth leadership transition and organisational restructure that eliminated legal risk and preserved business continuity. All three redundancies were completed within statutory consultation windows, preventing unfair‑dismissal claims.
The negotiated settlement amounted to a small fraction of forecast tribunal liability, and robust tribunal‑representation planning ensured no follow‑on claims. Finally, UK operations were seamlessly integrated under Indian Head Office governance, strengthening stakeholder confidence in the client’s compliance and HR processes.