Restructuring advice for employers in Malta
Advice for boards, chief executives and HR leaders planning redundancies, a transfer of business or a senior exit. You want it done lawfully, with the least disruption and the least risk of a claim.
Situations I am asked about
- A role or function that is no longer needed, and the question of who is affected.
- A proposal that may reach the collective redundancy thresholds.
- An outsourcing, insourcing or sale where staff may move to a new employer.
- A group decision taken abroad that must be implemented in Malta.
- A senior departure that needs to be agreed quietly and recorded properly.
Several of the legal duties attach to a proposal, not just to a final decision, so the earlier the advice, the more options remain.
Advisory. I advise and draft. Large in-person consultation programmes are run with your HR team or partner advisers.
Services
- Restructuring advisory
Options, selection criteria and collective redundancy consultation under S.L. 452.80.
- Transfers of business
Staff moving with a business, and the information and consultation it needs, under S.L. 452.85.
- Senior exits
The departure of a senior person agreed and recorded properly, inside a restructuring or on its own.
Common questions on redundancies, transfers and senior exits are answered in the FAQs.
Why the employee side matters
Much of my career has been spent advising Malta's largest trade union and the people it represents, at the Industrial Tribunal and across the bargaining table. I know what makes staff and their representatives trust a process, and what makes them resist it.
For an employer, that means a plan that anticipates the objections, a consultation that is real rather than a formality, and fewer claims afterwards.
Collective redundancies. Improved terms negotiated for affected employees at several local and international companies, such as NetEnt and Evolution Gaming, Carlo Gavazzi and Microtek.
Recent decisions on restructuring
Case notes on Maltese court and tribunal decisions on redundancies, transfers and consultation.
- Case note. Court of Justice of the European Union.Notification and the effectiveness of collective redundancies: Tomann
- Case note. Court of Appeal (Inferior Jurisdiction).Collective consultation and an individual unfair-dismissal claim: Degiorgio v Air Malta
- Case note. Court of Justice of the European Union.Collective consultation without appointed representatives: EI v Brink's
- Case note. Court of Appeal (Superior Jurisdiction).Accrued commissions after a business transfer: Cassar v Montekristo Vineyards
Talk it through, in confidence
Tell me briefly what you are planning and when. I reply within one working day.