Fire and Rehire - new Draft Code of Practice

Matt’s Employment Law and HR Update

There has been much discussion over the use of 'fire and re-hire' by employers over recent months and years. Unions have sought (and obtained) injunctions to prevent employers dismissing and re-engaging (Tesco) and there have been other campaigns by trade unions about the threat that such practices have to the terms and conditions of employees (British Gas).
These two relatively high profile cases (Tesco and British Gas) occurred before the case of P&O which was very widely reported. The P&O case wasn't technically a fire and re-hire situation as P&O did not re-hire the same employees back on different terms and conditions, they simply recruited new employees outside of the UK.
But the P&O case was a real driver for change. It provided an opportunity to the Unions to really challenge the government on the lack of protection for workers from dismissal in circumstances where the employer wished to change terms and conditions of employment. Politically, the government was under pressure to react and rather than implement legislation, they agreed to publish a Code of Practice, the draft of which has now been published.
In this episode we look at the legislative environment in which organisations can change terms and conditions of employment, the risks, the pitfalls and how this new Draft COP may change things.

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.
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