fire and rehire – Law Journals

Unfair dismissal: The return of fire and rehire

Jennifer Wright considers the latest developments in the Tesco fire and rehire case and where this now leaves employers Employers will be relieved that the Court of Appeal has endorsed dismissal and re-engagement as a legitimate mechanism for implementing contractual changes and removing benefits that have become unsustainable with the passage of time. Historically, it …

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The Queen’s Speech: Hamlet without the prince

Stefan Martin and Jo Broadbent comment on the bills in the Queen’s Speech that will be relevant to employment law, despite the Employment Bill’s absence Commentators for employers and employees alike have suggested that the Queen’s Speech is a missed opportunity to safeguard worker rights. At the beginning of the year, there was a general …

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Fire and rehire: P&O Ferries affair prompts promise of a code of practice

Richard Kenyon comments on the government’s proposals for a new statutory code of practice to clamp down on employers who force through mass dismissals without carrying out meaningful staff consultation The P&O case has been seized on as an extreme example of the concept of ‘fire and rehire’. St Patrick’s Day 2022 began like any …

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Dismissal and re-engagement: Tesco barred from using fire and rehire – a revolution or evolution in the use of implied terms?

Lee Harding and Thomas Twitchett assess the impact of the High Court’s decision to grant an injunction stopping Tesco from stripping employees of a benefit described as permanent Employers should not fetter their ability to negotiate different terms or withdraw terms altogether in the future and it would be prudent to include an express term …

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Contract variations: Can you pay staff less for working remotely?

David Jepps explores whether UK employers can cut the pay of employees who continue to work from home A pay cut is treated as a deduction and if employers unilaterally reduce pay, employees can make unlawful deductions claims to an employment tribunal. As Covid-19 restrictions continue to be reduced and the effects of the pandemic …

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Contract variations: ‘Fire and rehire’ – not such an easy option

In light of a recent tribunal decision and an Acas report on the subject, Christopher Fisher and Alex Sperling consider how to minimise the legal risks when carrying out dismissal and re-engagement processes For now at least, the fire and rehire process remains available to employers but, while it is undoubtedly a well-trodden path, it …

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