What’s the difference between restructuring and redundancy? (2024)

People often use the terms restructuring and redundancy to refer to the same thing, but there is a difference. So let's take a look.

Restructuring

Restructuring (or reorganisation) means changing the operational set-up (structure) of a business to improve the way it runs, delivers products or services etc.

It’s a process.

It aims to get the right roles configured the right way and can involve adding new roles, merging two or more existing roles, retrenching roles that are surplus to requirements, or a combination of these things.

You need a genuine business reason to restructure, e.g. a change in market demands, financial constraints, realigning your brand, wanting to outsource certain business functions, merging with another company. The reason must be clearly stated during the restructuring process.

Restructure process must consider what is prescribed in legislation. Section 389 of the Fair Work Act defines “genuine redundancy”. If there is no proper consultation, an effort to find alternative work, and an offer of this work, the redundancy is not genuine, even if a net reduction of a person's role occurs.

However, if you follow the correct process and can prove that any redundancy is genuine, your business will be protected from claims of unfair dismissal.

What’s the difference between restructuring and redundancy? (2)

Redundancy

Redundancy is when a role or position, rather than a person, is surplus to the business’ commercial needs.

It’s an outcome, usually of a reorganisation or restructuring process.

You can’t make a person redundant and then replace them with someone else in a substantially similar position with a different job title.

You have an obligation to find alternate employment for any person you're considering to make redundant, even if it's a more junior role that the employee is capable of doing.

The employee can always say 'no' and their rejection of the offer may mean you do not have to pay them retrenchment payments on termination of employment.

This will depend on the facts of the case, but the rule-of-thumb is that if a role is 80% or more similar, and the employee refuses the role at substantially the same pay, then there is a strong argument that they have no entitlement to redundancy pay.

Redundancy should be treated as a last option, after you’ve explored all reasonable alternatives, such as redeployment.

The notice period must be at least the length stated in the National Employment Standards, award, agreement or company policies.

The employee is due salary, unused annual leave, and any other entitlements up to the last day of employment. If it’s written in their employee contract, you can offer the employee a payout for their notice period or have them work it.

You must pay the employee any redundancy compensation detailed in the terms of their employment contract and/or negotiations between parties.

In all cases!

The process of reorganising and restructuring is prescribed in the Fair Work Act 2009. You have to consult with all employees who may be affected before any decision is made, and any redundancies due to a major change, restructure or reorganisation must be genuine. Section 389 of the Act defines the term 'genuine redundancy'.

You need to take steps to avoid and minimise negative effects on affected employees and you also need to make genuine efforts to find alternative employment for anyone in a role proposed to be made redundant.

Give affected employees a detailed proposal, reasonable time to consider it, and the opportunity to comment on it before you make any decisions. Take people’s feedback into consideration (don’t treat the proposal as a done deal before you’ve asked for and considered feedback).

Never use a restructure or redundancy to manage performance or behavioural issues or to get rid of a problem employee. There are proper, effective ways to manage performance and disciplinary issues.

If the restructure or redundancy was not for genuine reasons and/or you didn’t follow fair and reasonable process, an employee may have grounds for a claim for unfair dismissal.

The Fair Work Ombudsman closely scrutinises an employer’s reasoning for a restructure and redundancies, as well as the consultation process followed.

If they find against you, you'll potentially be looking at a hefty award to your employee, plus a contribution to their costs and any lost wages. You will also have to pay your own expenses, and you’ll get no compensation for the time you and your staff spent dealing with the issue.

Document all your reasoning and decisions, and share all relevant, supporting information with the employees. Offer them all the compensation detailed in their award, enterprise agreement or employment contract.

Like any significant people process, make sure you get some sound professional advice on any major change proposal before you implement it.

What’s the difference between restructuring and redundancy? (2024)

FAQs

Is restructuring the same as redundancy? ›

Restructuring is not the same as redundancy. A company or organisation can often be restructured, for example, involving the redistribution of work among the same number of employees, where redundancies will not need to be made.

What does it mean when a company says they are restructuring? ›

Corporate restructuring is the process of reorganizing a company's management, finances, and operations to improve the efficiency and effectiveness of the company. Changes in this area can help a company increase productivity, improve the quality of products and services, and reduce costs.

What is employee redundancy? ›

A redundancy is when an employer dismisses an employee because they no longer need someone to do that job.

Is redundancy a good or bad thing? ›

Is data redundancy good or bad? Depending on the application, data redundancy can be both advantageous and damaging. On the one hand, data redundancy can increase the data's reliability and availability by providing many copies that can be used if one copy becomes unavailable or lost.

What is another word for redundancy? ›

synonyms for redundancy

On this page you'll find 43 synonyms, antonyms, and words related to redundancy, such as: repetition, excess, overabundance, prolixity, superfluity, and tautology.

What is redundancy also known as? ›

Redundancy may also be known by the terms "majority voting systems" or "voting logic".

What are the three categories of restructuring? ›

Comparison to US GAAP

Unlike IFRS, US GAAP divides restructuring into three types of costs, and includes separate recognition criteria for each: termination benefits; costs to terminate a contract; and. costs to consolidate facilities or relocate employees.

Can a company fire you for restructuring? ›

California is an at-will employment state, meaning employers can fire employees for any reason – except if that reason is discriminatory in nature. However, employers may use a company reorganization as a cover to fire an employee for the following reasons: Age. Gender.

What is the purpose of restructuring? ›

Restructuring means improving the operational, financial, legal, or other structures of your business to maximise its profit and to ensure efficient operation. For the business restructuring to be effective, it will need the joint efforts of business experts, the company management's team, and key stakeholders.

What is an example of a redundancy? ›

We hear words like 'sit down' and 'stand up' all the time. These are some of the classic examples of redundancies. This kind of usage is also called pleonasm.

What are examples of redundancy in a company? ›

Redundancy in business is when a company identifies a job that is no longer required in the workplace for any number of reasons. For example, a manufacturing company that begins using more machine learning might realize some of their employees are no longer necessary.

What is job redundancy examples? ›

Redundancy can happen when the business:
  • introduces new technology (for example, the job can be done by a machine)
  • slows down due to lower sales or production.
  • closes down.
  • relocates interstate or overseas.
  • restructures or reorganises because a merger or takeover happens.
Oct 26, 2022

Can you take redundancy or get a new job? ›

You are not prevented from taking a new job after you're made redundant, unless your contract forbids you. If your contract of employment has a restrictive clause it means you cannot work for a set number of months after you accept redundancy pay. Your contract may also contain other 'restrictive covenants'.

How stressful is redundancy? ›

Being made redundant can be very stressful and there are a number of decisions you'll need to make. Make sure you consider all the options open to you as it can be an opportunity to re-train, gain new skills and explore work opportunities in different industries. Try not to rush into any hasty decisions.

What are the disadvantages of redundancy? ›

4 Disadvantages of Data Redundancy
  • Larger Storage. Duplicating data sets requires more storage space to keep them in. ...
  • Complex Management. Managing your data sets effectively requires dedication and attention to detail. ...
  • High Cost. ...
  • Data Corruption.
Nov 22, 2022

What is positive redundancy? ›

This means returning to key words and phrases, but not restating basic facts or repeating entire sentences or paragraphs that you've used previously.

What is the opposite of redundancy? ›

retention. Noun. ▲ Opposite of the use of an excessive amount of words to express oneself.

What is the root word of redundancy? ›

Redundancy comes from the Latin word redundare, meaning to surge, or literally to overflow. Definitions of redundancy. the attribute of being superfluous and unneeded.

What are four types of redundancy? ›

They are,
  • vertical redundancy check (VRC)
  • longitudinal r edundancy check (LRC)
  • cyclic redund ancy check (CRC)
  • checksum.
Feb 17, 2017

What are the 5 types of redundancy? ›

What is redundancy, you might ask. Well, the act of using a word, phrase, etc., that repeats something else and is therefore unnecessary. The five most common types of redundancy are: the pleonasm, redundant abbreviations, intensifiers, plague words, and platitudes and cliches.

What are the 5 fair reasons for redundancy? ›

The fair reasons for redundancy could include:
  • attendance history and punctuality.
  • skills and experience.
  • performance level.
  • disciplinary history.
Apr 5, 2023

What is a synonym for restructuring? ›

synonyms for restructure

On this page you'll find 5 synonyms, antonyms, and words related to restructure, such as: reconstruct, reshuffle, revamp, and reorient.

What are the two sides of restructuring? ›

Just as there are sell-side and buy-side M&A deals, there are also two “sides” in Restructuring (RX) and distressed transactions: the debtors (companies) and the creditors.

What is the most common form of restructuring? ›

Debt Restructuring

Debt restructuring is one of the most common motivators for business restructuring.

What is the most common reasons for restructuring a company? ›

There are numerous reasons why companies might restructure, including deteriorating financial fundamentals, poor earnings performance, lackluster revenue from sales, excessive debt, and the company is no longer competitive, or too much competition exists in the industry.

Is restructuring a demotion? ›

Restructuring: Companies may undergo a restructuring that results in employees being demoted as a result of changes to their roles or responsibilities. Lack of skills: If employees lack the skills or knowledge required for their current role, they may be demoted to a position where their skills are better suited.

Do I have to accept a new role in a restructure? ›

If the restructure is taking place at the same time as a redundancy process, the individual should be offered a role as an alternative to redundancy. The individual has the right to a four week trial period in the new job, following which they can choose whether or not to take the job.

What are the disadvantages of restructuring? ›

Disadvantages of business reorganization can include:
  • The chance that it may not work.
  • Decreased employee morale.
  • Confused customers.
  • Significant time investment.
  • Setbacks in cash flow.
Oct 26, 2022

What are the stages of restructuring? ›

It includes four stages of restructuring process such as turnaround management, financial restructuring, performance improvement and re capitalization.

Is restructuring a good thing? ›

One of the key reasons to consider business restructuring is the tax-efficient benefits that could come with it. Reorganising the structure of a business can create tax advantages by creating a more tax-efficient corporate structure.

What is the purpose of redundancy? ›

The purpose of a redundancy is to prevent any disruption of system operation in the case of a technical failure or disaster by maintaining a continuity of service.

What is a redundancy strategy? ›

Redundancy strategies use multiple instances of a component to provide a single service. Redundancy is used to satisfy quality of service requirements.

What is redundancy simple? ›

noun, plural re·dun·dan·cies. the state of being redundant. superfluous repetition or overlapping, especially of words. a redundant thing, part, or amount; superfluity. the provision of additional or duplicate systems, equipment, etc., that function in case an operating part or system fails, as in a spacecraft.

What are the different types of redundancies? ›

The five most common types of redundancy are: the pleonasm, redundant abbreviations, intensifiers, plague words, and platitudes and cliches. Let's take a closer look…

Is redundancy a termination of employment? ›

Redundancy occurs when an employer either decides they no longer need an employee's job to be done by anyone, or the employer becomes insolvent or bankrupt, and terminates their employment.

How do you explain redundancy in an interview? ›

The best way to explain your redundancy is by writing it out like any other experience. Include your start and end dates of employment and what the job role was. You can then move onto briefly explaining how your employment ended - reasons may include staff cuts, the effects of the pandemic and so on.

How do I ask for redundancy at work? ›

To volunteer for redundancy, you can ask your employer. It's a good idea to put it in writing. You should follow your employer's policy or procedure for voluntary redundancy, if they have one. Your employer does not have to agree to make you redundant as they will be considering the needs of the business as a whole.

How long does redundancy last? ›

There are limits to how much redundancy pay you can get. You can only get it for up to 20 years of work. This means, for example, that if you've worked for your employer for 22 years you'll only get redundancy pay for 20 of those years.

Why is redundancy bad for employees? ›

Whether expected or sudden, redundancy can cause huge uncertainty, stress and anxiety, and can make existing mental health problems worse. On this page, you'll find some ways to look after your mental health during the redundancy process.

What are the signs of redundancy? ›

Warning! Signs you may be made redundant (part one)
  • Tough times. A major warning sign that you may be made redundant is that your particular industry or area of expertise is struggling. ...
  • Recruitment freezes. ...
  • Draconian cost-cutting. ...
  • Lack of information. ...
  • Close supervision. ...
  • You're not very busy.

What factors are considered in redundancy? ›

What constitutes grounds for redundancy?
  • The need for the worker has diminished or ceased. ...
  • New systems in the workplace. ...
  • The job no longer exists because other workers are doing the work you carried out. ...
  • The workplace has closed or is closing down. ...
  • The business moves. ...
  • The business is transferred to another employer.

What are the two types of redundancy? ›

And these are:
  • Compulsory redundancy: It has two forms—staff reductions or a business shutting down entirely. Either way, it's an essential requirement to keep your business operating and must go ahead.
  • Voluntary redundancy: Where you offer employees the chance to volunteer for dismissal.

What is restructuring sometimes called? ›

A restructuring is sometimes known as a workout or a turnaround.

What are the three forms of restructuring? ›

There are three general forms of restructuring: downsizing, downscoping and leveraged buyouts.

What is redundancy examples? ›

Redundancy is when we use two or more words together that mean the same thing, for example, 'adequate enough'. We also say something is redundant when a modifier's meaning is contained in the word it modifies, for example, 'merge together'.

What are common examples of redundancy? ›

Here are some common examples of redundant phrases:
  • “small in size” or “large in size”
  • “true facts”
  • “basic fundamentals”
  • “past history”
  • “smiled happily”
  • “evolve over time”
  • “consensus of opinion”

What is an example of redundancy in the workplace? ›

Redundancy in business is when a company identifies a job that is no longer required in the workplace for any number of reasons. For example, a manufacturing company that begins using more machine learning might realize some of their employees are no longer necessary.

What is another word for restructuring? ›

synonyms for restructure

On this page you'll find 5 synonyms, antonyms, and words related to restructure, such as: reconstruct, reshuffle, revamp, and reorient.

What type of change is restructuring? ›

Restructuring is the act of changing the business model of an organization to transform it for the better. These changes can be legal, operational processes, ownership, etc. The cause of such a shift in the company can be either external or internal.

Which of the following are types of restructuring? ›

Types of restructuring
  • Legal restructuring. ...
  • Turnaround restructuring. ...
  • Cost restructuring. ...
  • Repositioning restructuring. ...
  • Spin-off restructuring. ...
  • Divestment. ...
  • Mergers and acquisitions. ...
  • Maintain transparency throughout the process.
Jul 21, 2022

What are the benefits of restructuring? ›

There are many different reasons a business may want to restructure.
  • Business acquisitions and mergers. ...
  • Reducing risks. ...
  • Succession planning. ...
  • Shareholder disputes. ...
  • Moving assets. ...
  • Cost savings and increased efficiency. ...
  • New investment opportunities. ...
  • Improved employee satisfaction.
Jan 18, 2023

What are the different method of restructuring? ›

In summary, restructuring can involve a variety of methods, such as mergers and acquisitions, downsizing, outsourcing, and reorganizing.

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