A leading lawyer tells HRD how to not fall foul to common mistakes

As economic and operational uncertainty deepens across sectors, HR leaders are increasingly navigating the legal minefields of restructures, redundancies, and cultural change.

According to Melinda Bell, partner at Norton Rose Fulbright in Melbourne, the volume of legal claims tied to psychosocial hazards is rising—often because of poorly executed HR processes during times of change.

“There needs to be a real focus on how organisations respond to concerns around restructuring and redundancy,” Bell told HRD ahead of her upcoming presentation at the Employment Law Masterclass.

“Not doing enough due diligence early on is a common pitfall—and one that can have serious repercussions down the line. With restructuring becoming more complex, your planning needs to be robust.”

Ways to manage change during uncertainty

Uncertainty in the workplace can reduce employee engagement and buy-in, highlighting the importance of strong communication to help mitigate risks.

“Irrespective of their generation, your employees want to be bought on that journey with you, they need to be consulted so you can get a sense of engagement,” Bell acknowledged.

“But, from a legal perspective, it’s more than that. Consultation is a legal requirement – as well as with employees’ representatives. You need to have clear guardrails in place.”

Bell noted that a recent client experienced similar issues because of a period of rapid growth – putting...

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