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NLJ this week: Fire & rehire, the Tesco case & potential overhaul under Labour

07 June 2024
Issue: 8074 / Categories: Legal News , Procedure & practice , Employment , Tribunals
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What are the potential implications of the Tesco ‘retained pay’ case, and, post-election, how might a potential Labour government overhaul the law surrounding fire and rehire?

In this week’s NLJ, Clare Fletcher, PSL counsel at Slaughter and May, looks in detail at the case, USDAW v Tesco, concerning an incentive Tesco offered to employees in 2007 and tried to remove in 2021. Tesco offered a compensatory payment to those employees who agreed and warned those who refused that they would be fired and rehired.

Fletcher, a member of the Employment Lawyers Association Legislative and Policy Committee, looks at the potential ramifications of the case, as well as a new code of practice on fire and rehire. Finally, Fletcher looks into the possible scenario of a Labour government overhauling the law.

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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