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Where next for ‘fire & rehire’?

07 June 2024 / Clare Fletcher
Issue: 8074 / Categories: Features , Procedure & practice , Employment , Tribunals
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Clare Fletcher looks into the Tesco ‘retained pay’ case & ponders how Labour in government might treat the issue
  • The Tesco ‘retained pay’ case could have significant implications for employees at Tesco, and employers who seek to harmonise their employees’ contractual terms.
  • The new code of practice for fire and rehire may have changed the scenario in the Tesco case in various ways.
  • Looks beyond 4 July, and considers how a Labour government might overhaul the law surrounding fire and rehire.

‘Fire and rehire’ is a contractual mechanism for implementing contentious changes to employees’ terms and conditions. It has been recognised and utilised in various scenarios for many years, but has come under greater scrutiny following a number of recent high-profile instances. This has resulted in both a legal challenge which reached the UK’s highest court in April, and a new statutory code of practice due to come into force in July. This article considers the implications of these developments, and what the future holds for fire and rehire.

In court

On

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Hugh James—Phil Edwards

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Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
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The ex-wife of a Russian billionaire has won her bid to bring her financial relief claim in London, in a unanimous Court of Appeal decision
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