Navigating labour, employment and executive compensation challenges in global M&A: Post-deal integration, harmonisation and incentives

In our latest digital session, Partner Liz Hunter teamed up with Dominic Wrench, Managing Associate at MDR ONE and attorneys and shareholders, Candace Quinn and Christian Antkowiak from Buchanan to explore some of the key considerations organisations should keep front of mind when navigating the post transactional period, in order to facilitate post-deal integration.  

 

Our key takeaways from this insightful discussion included: 

  1. First things first: Key actions to take swiftly post-completion will include payment and reporting obligations and any remedial action identified as necessary during the due diligence process as needing immediate attention. The integration and harmonisation will then be a journey often managed in phases.
  2. Talent and Headcount Management, Attraction and Retention: Developing a clearly communicated, engaging, reward proposition to retain key talent is crucial. This includes implementing short and long-term incentive plans, often with revised performance metrics. If staff will be working cross-border to aid the pan-organisation integration, then tax matters will be more complex.
  3. Cultural Considerations: Addressing cultural alignment, both operationally in terms of employee experience and from a pay and benefits perspective is essential for successful integration and harmonisation, ensuring that behaviour is collaborative and not divisive.
  4. Equity and Reward Systems: Evaluating and potentially revamping equity and reward systems is usually necessary. This includes considering the impact of structural changes on KPIs and eligibility for tax-advantaged plans. Optimise in countries where there are VIPs or critical mass, where it is cost-beneficial to do so.
  5. Be Proactive: A proactive approach involves aligning with the existing workforce and updating handbooks and policies as necessary and considering restructuring and RIFs with legal restrictions in mind. Don’t seek to impose a one size fits all approach in the name of harmonisation but seek instead, where feasible, to build a market leading best of breed experience and employee value proposition. Some headcount reduction might be planned but complacency can come at a cost, in the form of unplanned attrition by business-critical resource who don’t feel bought-in to the post-deal environment.
  6. Handle RIFs with care: Headcount reduction needs careful communication and there will often be statutory processes to follow, and a consultation period may need to be factored into the timeline. To find out more about managing a RIF, our RIF Roadmap for GC’s and HR can help, find out more here.

Key speakers

  • Dominic Wrench, Managing Associate, MDR ONE 
  • Liz Hunter, Partner, Remuneration and Incentives, Mishcon de Reya LLP 
  • Christian Antkowiak, Shareholder, Labour, Employment, Benefits & Immigration Section Co-Chair, Buchanan 
  • Candace Quinn, Shareholder, Labour and Employment, Buchanan 
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