HR Support During a Merger or Acquisition

A company’s greatest asset is its people, and engaging people is our passion. Embedding HR expertise and perspective at the start of any merger or acquisition process will create better cohesion and harmony, manage the risks and ensure you are more likely to achieve the anticipated business benefits. 

HR Support During a Merger or Acquisition

A company’s greatest asset is its people, and engaging people is our passion. Embedding HR expertise and perspective at the start of any merger or acquisition process will create better cohesion and harmony, manage the risks and ensure you are more likely to achieve the anticipated business benefits. 

HR Input is Required From the Beginning

A company’s greatest asset is its people, and engaging people is our passion. Embedding HR expertise and perspective at the start of any merger or acquisition transaction process will create better cohesion and harmony, manage the risks and ensure you are more likely to achieve the anticipated business benefits.

HR Input is Required From the Beginning

A company’s greatest asset is its people, and engaging people is our passion. Embedding HR expertise and perspective at the start of any merger or acquisition transaction process will create better cohesion and harmony, manage the risks and ensure you are more likely to achieve the anticipated business benefits.

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.

Our Merger & Acquisition process has four key stages:

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.

Our Merger & Acquisition process has four key stages:

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.

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.

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.

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.

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)

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)

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.


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.

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.


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.

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:

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

TUPE

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.

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

Employee Engagement

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.
To read about how we can support you at each stage of the process, and for a detailed list of our credentials in this area please take a look at our People & Culture Management in M&A Transactions brochure
To read about how we can support you at each stage of the process, and for a detailed list of our credentials in this area please take a look at our People & Culture Management in M&A Transactions brochure