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Fire and rehire

“Fire and rehire” describes a practice where employers dismiss employees and then rehire them with new contracts on less favourable terms. The controversial practice, also known as dismissal and re-engagement, is often seen as a last resort for employers who need to make significant changes to the terms and conditions of employment but are unable to reach an agreement with the workforce or trade union representatives. Critics argue that fire and rehire is an exploitative practice that undermines workers’ rights and job security. In 2024 the UK government announced a code of practice to deter fire and rehire practices, with employment tribunals being given the power to uplift compensation by 25% where the code has not been followed.

    • Fire and rehire
    • Employment law
    • Discipline and grievances

    Post Office fired and rehired IT staff on hugely inflated pay rates

    by Adam McCulloch 23 Dec 2024
    by Adam McCulloch 23 Dec 2024

    The Post Office's ‘flipping’ practice saw staff sacked then rehired as contractors on inflated rates.

    • Fire and rehire
    • Employee relations
    • Latest News

    Tribunal uplifts for ‘fire and rehire’ code breaches to take effect

    by Jo Faragher 9 Dec 2024
    by Jo Faragher 9 Dec 2024

    Employers that fail to comply with the statutory code of practice on dismissal and re-engagement could be forced to pay more from January next year.

    • Fire and rehire
    • Agency workers
    • Zero hours

    Recruiters issue ‘urgent warning’ over Employment Rights Bill

    by Adam McCulloch 6 Dec 2024
    by Adam McCulloch 6 Dec 2024

    As key consultations on the Employment Rights Bill draw to a close, the recruiters' body warned that the Bill was 'undercooked' and needed changing.

    • Fire and rehire
    • Collective redundancy
    • Financial penalties

    Consultation: Fire and rehire and collective redundancy

    by Rob Moss 22 Oct 2024
    by Rob Moss 22 Oct 2024

    Government launches consultation on reforms to strengthen remedies at employment tribunal on collective redundancy, and fire and rehire

    • Collective redundancy
    • Fire and rehire
    • Agency workers

    Impact of Employment Rights Bill published as consultations launched

    by Rob Moss 21 Oct 2024
    by Rob Moss 21 Oct 2024

    Employment Rights Bill could cost business £7.4bn over 10 years as government publishes impact assessment and four consultations.

    • Sexual harassment
    • Fire and rehire
    • Zero hours

    Employment Rights Bill: 12 key takeaways

    by Liz Stevens 11 Oct 2024
    by Liz Stevens 11 Oct 2024

    Liz Stevens, professional support lawyer at law firm Birketts, highlights the key takeaways from the long-awaited Employment Rights Bill

    • Fire and rehire
    • Zero hours
    • Shared parental leave

    Employment Rights Bill: government outlines next steps for future reforms

    by Kavitha Sivasubramaniam 10 Oct 2024
    by Kavitha Sivasubramaniam 10 Oct 2024

    The government unveils its Next Steps to Make Work Pay alongside the publication of its Employment Rights Bill today.

    • Fire and rehire
    • Zero hours
    • Employment law

    Employment Rights Bill ‘will not make work pay’ as it stands: Unite

    by Adam McCulloch 10 Oct 2024
    by Adam McCulloch 10 Oct 2024

    Unite, one of the UK's largest trade unions, has said the government's Employment Rights Bill ‘stops short of making work pay.’

    • Fire and rehire
    • Zero hours
    • Employment law

    ‘This Bill means business’: lawyers react to employment rights proposals

    by Adam McCulloch 10 Oct 2024
    by Adam McCulloch 10 Oct 2024

    Employment lawyers give their initial reactions to the Employment Rights Bill after its full publication.

    • Fire and rehire
    • Case law
    • Collective bargaining

    Supreme Court: Tesco workers triumph in fire and rehire battle

    by Rob Moss 12 Sep 2024
    by Rob Moss 12 Sep 2024

    Supreme Court unanimously rules that Tesco cannot fire and rehire distribution workers who receive ‘retained pay’ and reinstates injunction.

    • Fire and rehire
    • Case law
    • Collective bargaining

    ‘Potentially disastrous’: Lawyers react to Tesco fire and rehire verdict

    by Adam McCulloch 12 Sep 2024
    by Adam McCulloch 12 Sep 2024

    Employment specialists have their say on the Tesco v Usdaw fire and rehire verdict.

    • Fire and rehire
    • Case law
    • Associative discrimination

    BA’s associative discrimination appeal dismissed by EAT

    by Jo Faragher 16 Aug 2024
    by Jo Faragher 16 Aug 2024

    An appeal by British Airways relating to associative discrimination and its practice of ‘fire and rehire’ has been thrown out by the Employment Appeal Tribunal.

    • Fire and rehire
    • Enhanced pay
    • Employment law

    Top 10 HR questions July 2024: Unfair dismissal changes

    by Brightmine 2 Aug 2024
    by Brightmine 2 Aug 2024

    The Labour government has said that it will remove the qualifying period for unfair dismissal claims, and there is a new code of practice for dismissing and re-engaging employees.

    • Fire and rehire
    • Associative discrimination
    • Coronavirus

    BA takes on government over associative discrimination in ‘fire and rehire’ case

    by Rob Moss 24 Jul 2024
    by Rob Moss 24 Jul 2024

    British Airway takes on government and equalities watchdog at EAT over associative discrimination case relating to ‘fire and rehire’ during the pandemic.

    • Collective redundancy
    • Fire and rehire
    • Latest News

    ‘Fire and rehire’ code comes into force

    by Jo Faragher 19 Jul 2024
    by Jo Faragher 19 Jul 2024

    The statutory code of practice on ‘fire and rehire’ came into force yesterday, although it remains to be seen how long it will apply.

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