How do I transition confidential employee matters to a new HR consulting owner?
Hand over only what the new owner needs, and do it in stages. List the open matters, tell clients, get their consent where needed, and move files through a controlled process. Your lawyer should confirm what can be shared, with whom and when.
HR consulting files contain private information about people who never agreed to a sale. Because of that, the handover is slower and more limited than in most businesses. Start by separating what is open from what is closed. Active matters, such as investigations, accommodations or disputes, need individual plans. Closed files may only need secure storage.
For each client, ask whether they must agree to the files moving, and how and when they should be told. Some clients will want to keep their files, or ask the firm to destroy them. Your lawyer can tell you what applies and what the engagement terms say.
Control the access. Decide who will see each file, in what order and under what confidentiality terms. Many sellers give the buyer an index before any content, then release material only as clients approve. Keep a log of who saw what. Also think about the people. Staff handling sensitive matters should know what is changing, and what their duties of confidence are. Finally, plan to remain available during the transition. A new owner may need your advice about difficult files, and clients may want to hear from you, not just a stranger.
Key takeaways
- Separate open matters from closed files and plan each active matter on its own.
- Check with each client, and with your lawyer, before any file moves.
- Release material in stages, keep an access log and stay reachable afterward.
Related reading
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- GuideThe confidential information memorandum, explained
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Sources
This answer is checked against primary sources. Links were last confirmed on the dates shown.
- 01Canadian Federation of Independent BusinessResearch dataSuccession Tsunami: Preparing for a decade of small business transitions
- 02Business Development Bank of CanadaGovernmentHow to reduce employee turnover
- 03Business Development Bank of CanadaGovernmentHow to conduct due diligence when buying a business
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