Your M&A HR Solution
HR Support During Mergers & Acquisition Activity
The Place to Come for HR M&A Support
If you plan to acquire, divest, merge or integrate a business, we have extensive experience to support you and to take the pressure off. We are experts in the employment law surrounding M&A and the transfer of employees. We project manage the process for you or support you to; whatever suits you best.
Your M&A HR Solution
HR Support During Mergers & Acquisition Activity
The Place to Come for HR M&A Support
If you plan to acquire, divest, merge or integrate a business, we have extensive experience to support you and to take the pressure off. We are experts in the employment law surrounding M&A and the transfer of employees. We project manage the process for you or support you to; whatever suits you best.
Let us Take the Pressure off
Addressing Your Challenges in M&A
Business leaders now know that the success of the M&A activity is largely down to how well the people aspects are managed. Leaders are concerned about the extensive risks that they face in M&A activity.
According to Forbes, up to 90% of mergers fail to achieve anticipated financial objectives, often due to factors such as lack of communication, loss of talent, and poor cultural fit.
Let us Take the Pressure off
Addressing Your Challenges in M&A
Business leaders now know that the success of the M&A activity is largely down to how well the people aspects are managed. Leaders are concerned about the extensive risks that they face in M&A activity.
According to Forbes, up to 90% of mergers fail to achieve anticipated financial objectives, often due to factors such as lack of communication, loss of talent, and poor cultural fit.
Our Approach to M&A activity
By involving us from the start, we can support you from HR due diligence phase through to integration, or any part of the process you wish. Our M&A consultants have been project managing these types of projects for decades and have been involved in hundreds of transactions.
We have an M&A toolbox that includes the right questions to ask in due diligence to identify risks and minimize future challenges. If a transfer of employees is required, rest assured, we have transferred tens of thousands of employees in recent years to a new employer or alternative division of a company. Our step-by-step comprehensive transition planning process ensures that the project can be delivered on time and budget. We can also answer any employee law related queries that you may have, which may save you time and money.
We have acted for buyers and sellers. If you are divesting, we can populate your data room and ensure your company is presented in the best way to a buyer. We can also ensure your risks and liabilities are protected.
If you are the buyer, you get one chance to make a great impact. We will help you to be prepared to meet the new employees and to present your company in the best way. We will also support all employee communications. It is essential that business is not affected during these activities, so we can ensure that the M&A process is smooth and effective.
Our Approach to M&A activity
By involving us from the start, we can support you from HR due diligence phase through to integration, or any part of the process you wish. Our M&A consultants have been project managing these types of projects for decades and have been involved in hundreds of transactions.
We have an M&A toolbox that includes the right questions to ask in due diligence to identify risks and minimize future challenges. If a transfer of employees is required, rest assured, we have transferred tens of thousands of employees in recent years to a new employer or alternative division of a company. Our step-by-step comprehensive transition planning process ensures that the project can be delivered on time and budget. We can also answer any employee law related queries that you may have, which may save you time and money.
We have acted for buyers and sellers. If you are divesting, we can populate your data room and ensure your company is presented in the best way to a buyer. We can also ensure your risks and liabilities are protected.
If you are the buyer, you get one chance to make a great impact. We will help you to be prepared to meet the new employees and to present your company in the best way. We will also support all employee communications. It is essential that business is not affected during these activities, so we can ensure that the M&A process is smooth and effective.
Where We Add Value in a Company Transaction
We add value from the initial due diligence phase by highlighting key risks and liabilities, but also potential synergies.
Whether via hard copy documentation, online data room review, etc. our due diligence process involves an interrogation of the information available to ensure mitigation of known and future unknown/undeclared risk.
We are making the assumption that the transfer of undertakings regulations (TUPE) apply. Should, for any reason, TUPE not apply, we will amend the process and plan accordingly.
tions. It is essential that business is not affected during these activities, so we can ensure that the M&A process is smooth and effective.
Where We Add Value in a Company Transaction
We add value from the initial due diligence phase by highlighting key risks and liabilities, but also potential synergies.
Whether via hard copy documentation, online data room review, etc. our due diligence process involves an interrogation of the information available to ensure mitigation of known and future unknown/undeclared risk.
We are making the assumption that the transfer of undertakings regulations (TUPE) apply. Should, for any reason, TUPE not apply, we will amend the process and plan accordingly.
tions. It is essential that business is not affected during these activities, so we can ensure that the M&A process is smooth and effective.
Comprehensive Support Through Every Phase
Our Merger & Acquisition process has four key stages.
1. Planning & Preparation:
- ✅ Project plan meeting and review schedule where the overall manager and assigned sub-leaders agree actions, collaboration etc. and, once the project is underway, how these are progressing.
- ✅ Preparation of Day 1 Communications, the Company Presentation (to be shared with new employees), FAQs etc.
- ✅ Change management plans developed, assigning task and owners, with agreed ‘drop-dead dates’ (finite deadlines that if unmet result in some form of consequence).
- ✅ Risk analysis whether cost, legal, talent retention, reputational, client/service, operational etc.
- ✅ Agreeing any ‘measures’ (changes to terms and conditions) that may be reasonably applied.
- ✅ Stakeholder analysis, who they are, what position they are currently at, where we need them to be, and how this will be achieved. This includes, where appropriate, recognised Trade Unions, Employee Representatives, etc.
Comprehensive Support Through Every Phase
Our Merger & Acquisition process has four key stages.
1. Planning & Preparation:
- ✅ Project plan meeting and review schedule where the overall manager and assigned sub-leaders agree actions, collaboration etc. and, once the project is underway, how these are progressing.
- ✅ Preparation of Day 1 Communications, the Company Presentation (to be shared with new employees), FAQs etc.
- ✅ Change management plans developed, assigning task and owners, with agreed ‘drop-dead dates’ (finite deadlines that if unmet result in some form of consequence).
- ✅ Risk analysis whether cost, legal, talent retention, reputational, client/service, operational etc.
- ✅ Agreeing any ‘measures’ (changes to terms and conditions) that may be reasonably applied.
- ✅ Stakeholder analysis, who they are, what position they are currently at, where we need them to be, and how this will be achieved. This includes, where appropriate, recognised Trade Unions, Employee Representatives, etc.
2. Information & Consultation:
- ✅ Facilitating a group consultation session to ensure that the company makes the best first impression.
- ✅ Holding further one-to-one consultation meetings as required.
- ✅ Consulting on any ‘measures’ that may apply to the transfer.
- ✅ Developing and issuing of all communications, letters, presentations etc., including contractual documentation before and at the transfer date.
2. Information & Consultation:
- ✅ Facilitating a group consultation session to ensure that the company makes the best first impression.
- ✅ Holding further one-to-one consultation meetings as required.
- ✅ Consulting on any ‘measures’ that may apply to the transfer.
- ✅ Developing and issuing of all communications, letters, presentations etc., including contractual documentation before and at the transfer date.
3. Transition & Harmonisation:
- ✅ Technical integration of all TUPE actions (onboarding, contractual and payroll, policies and procedures).
- ✅ Cultural integration so that new colleagues are given every opportunity to become part of the transformed organization.
- ✅ Execution of any agreed measures (changes to Ts and Cs)
3. Transition & Harmonisation:
- ✅ Technical integration of all TUPE actions (onboarding, contractual and payroll, policies and procedures).
- ✅ Cultural integration so that new colleagues are given every opportunity to become part of the transformed organization.
- ✅ Execution of any agreed measures (changes to Ts and Cs)
4. Review:
- ✅ Ensuring that all questions and concerns have been addressed to ensure meaningful consultation has taken place.
- ✅ Identifying any lessons learned from the transaction to improve company M&A processes.
- ✅ Ensuring all identified risks and liabilities have been mitigated in so far as they can be and appropriate stakeholders are aware of the outstanding issues.
4. Review:
- ✅ Ensuring that all questions and concerns have been addressed to ensure meaningful consultation has taken place.
- ✅ Identifying any lessons learned from the transaction to improve company M&A processes.
- ✅ Ensuring all identified risks and liabilities have been mitigated in so far as they can be and appropriate stakeholders are aware of the outstanding issues.
Key risk areas to be aware of
Unsurprisingly, there is an element of risk to be aware of with any Merger & Acquisition-related change process. These include the following:
Reputation
Your hard-earned reputation is at stake (both internally and externally) if you fail to get the communications right and intended messages across. It’s important to identify, evaluate and plan for the management of and communications to all stakeholders at the beginning of the process.
TUPE
Failure to inform and consult with staff in advance of a TUPE process can result in multiple claims being made to the Employment Tribunal office and subsequent awards could be as much as a quarter of your annualised transferring basic pay bill.
Economic, Technical, Organisational (ETO)
Failure to inform and consult with staff before making changes to contractual terms and/or any potential redundancies can result in claims being made to the Employment Tribunal office and subsequent awards could be as much as a quarter of your annualised transferring basic pay bill.
Claims of Discrimination
Throughout the process there is a risk of discrimination claims if any protected characteristic is deemed to have been inadvertently applied, for example during any redundancy selection. This could be in relation to absence or a health condition, for instance. The potential financial penalties could be uncapped and the reputational damage (internally and externally) immeasurable.
Employee Engagement
As the new employer, you will only have one chance to create the right impression. Failure to prepare properly could disengage new employees and increase staff turnover.
Key risk areas to be aware of
Unsurprisingly, there is an element of risk to be aware of with any Merger & Acquisition-related change process. These include the following:
Reputation
Your hard-earned reputation is at stake (both internally and externally) if you fail to get the communications right and intended messages across. It’s important to identify, evaluate and plan for the management of and communications to all stakeholders at the beginning of the process.
TUPE
Failure to inform and consult with staff in advance of a TUPE process can result in multiple claims being made to the Employment Tribunal office and subsequent awards could be as much as a quarter of your annualised transferring basic pay bill.
Economic, Technical, Organisational (ETO)
Failure to inform and consult with staff before making changes to contractual terms and/or any potential redundancies can result in claims being made to the Employment Tribunal office and subsequent awards could be as much as a quarter of your annualised transferring basic pay bill.
Claims of Discrimination
Throughout the process there is a risk of discrimination claims if any protected characteristic is deemed to have been inadvertently applied, for example during any redundancy selection. This could be in relation to absence or a health condition, for instance. The potential financial penalties could be uncapped and the reputational damage (internally and externally) immeasurable.
Employee Engagement
As the new employer, you will only have one chance to create the right impression. Failure to prepare properly could disengage new employees and increase staff turnover.
