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AcasFire and rehireLatest NewsIndustrial action / strikesInformation & consultation

Clarks calls in Acas in ‘fire and rehire’ dispute

by Jo Faragher 17 Nov 2021
by Jo Faragher 17 Nov 2021 Supporters of Clarks workers marched in protest this weekend
Natasha Quarmby/Alamy Live News
Supporters of Clarks workers marched in protest this weekend
Natasha Quarmby/Alamy Live News

Clarks has called in mediation service Acas as it tries to resolve a dispute over alleged “fire and rehire” tactics.

Warehouse staff at the shoe retailer have been on strike since 4 October over pay and conditions, claiming their employer wants them to accept new contracts that would mean a pay cut for many long-serving employees.

The striking workers are being represented by the Community union, which has confirmed it has been approached by Acas.

Adrian Axtell, national secretary for the union, told the BBC at the weekend that any talks would need to “be a serious attempt to try to resolve the matter”.

Yesterday, a spokesperson added: “We are hopeful that we can come to a resolution that works in everybody’s interests, protects our members’ livelihoods and recognises their loyalty to the company.”

Fire and rehire

“Fire and rehire”: explore alternative options first says Acas

Employment law manual: Variation of contracts 

Clarks claims that 69% of warehouse workers have agreed to the new contracts, up from 53% last week. Its latest offer is £10.03 an hour to all affected employees.

However, employees who have been working there for longer periods could lose out by as much as 20%, Community claims.

The union claimed last week that the company was using agency staff to cover striking workers, but Clarks denied this.

Striking workers led a protest march through Street in Somerset, where the main warehouse is based, at the weekend.

Acas published guidance last week on fire and rehire practices, urging employers to seek alternative options before dismissing and re-engaging staff.

Clarks is one of a number of employers accused of using the practice to rehire employees on lesser terms and conditions.

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A private members’ bill put forward by Labour MP Barry Gardiner to outlaw the practice failed to get support in the House of Commons last month after Conservative MPs were urged not to back it.

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Jo Faragher

Jo Faragher has been an employment and business journalist for 20 years. She regularly contributes to Personnel Today and writes features for a number of national business and membership magazines. Jo is also the author of 'Good Work, Great Technology', published in 2022 by Clink Street Publishing, charting the relationship between effective workplace technology and productive and happy employees. She won the Willis Towers Watson HR journalist of the year award in 2015 and has been highly commended twice.

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