Harmers Workplace Lawyers partner Shana Schreier-Joffe has sent a blunt warning to corporates downsizing and restructuring; tell your staff what is happening or face the prospect of legal action.

As noted by the Daily Telegraph, Schreier-Joffe believes businesses:

lay them off at your own peril

…that withhold information about plans, especially any potential restructuring or difficult financial circumstances, could face legal action from misled employees… misrepresentation by omission’ was a risk for all businesses recruiting in this economic climate, with the potential for employees to claim damages for lost income or commissions… If … changes were envisaged by the company at the time of recruitment and not disclosed to the employee, the employee may well have some legal recourse.’

Ms Schreier-Joffe said most employers were used to talking up their business to potential employees and did not realise how important it was to be candid during uncertain times. “My advice to employers who are currently hiring is that they should err on the side of disclosure with candidates,” she said. “While I can understand why employers might be reluctant to discuss potential changes that may occur to their business, or the difficult financial position of the company, they must also recognise that most candidates are giving up secure jobs elsewhere on the basis of the new role and workplace as described to them during the recruitment process.”

Based on this, Deacons lawyers probably might want to consider reviewing the following claims on its graduate website:

As a law graduate you’ve earned the right to have a stimulating and evolving career. If you’re looking for a people-focused, performance-driven law firm that will give you genuine opportunities quickly, then please apply for a position at Deacons.

Did the 9 graduates (out of a total group of 17) rumoured to have been made redundant at the conclusion of their graduate year receive ‘genuine opportunities quickly’? Was their redundancy contemplated by the firm prior to the graduates’ commencement with the firm?

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