Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Latest NewsEmployment lawTrade unionsEmployment contracts

Tesco appeal against fire and rehire ban to be heard this week

by Ashleigh Webber 8 Jun 2022
by Ashleigh Webber 8 Jun 2022 Tony Baggett / Shutterstock.com
Tony Baggett / Shutterstock.com

Tesco’s appeal against the High Court’s decision to ban it from terminating employees’ contracts and re-engaging them on new terms will be heard at the Court of Appeal tomorrow (9 June).

In February Mrs Justice Ellenbogen ruled in favour of the shop workers’ union Usdaw, which brought a claim on behalf of 42 members who worked at Tesco distribution centres in Northampton and Staffordshire.

The changes proposed by Tesco included terminating  workers’ contracts and re-employing them on new ones which did not include retained pay. The retailer argued that it was using a “contractual mechanism” open to employers.

A permanent injunction against the move was put in place by the judge and an injunction against a similar move is in place in Scotland.

Usdaw national officer Joanne McGuinness said: “We are disappointed that Tesco has decided to appeal the victory we secured for our members and hope the Court of Appeal will also back the right to retained pay and reject enforced contractual changes through the use of fire and rehire.

“In this case, in around 2007 Tesco was beginning a vital distribution expansion programme and therefore to ensure that valued members of staff agreed to transfer location to new distribution sites, Tesco made assurances that those staff would retain the difference in their pay between their existing package and the new terms and conditions they would move to at those new sites.

Changing employment terms

‘Fire and rehire’: explore alternative options first says Acas 

Procedure on varying terms and conditions 

Podcast: Are your employment contracts fit for purpose? 

“Importantly they assured Usdaw that this would not be removed at a future date. Despite this, some 15 years later Tesco reneged on its promises and sought to buy out this retained pay and threatened its employees with dismissal if they did not sign up to a new contract without the retained pay element. Tesco refused to negotiate with Usdaw who were left with no option but to seek a legal solution so as to protect its members’ pay.”

Neil Todd, a lawyer at Thompsons Solicitors who is representing the claimants, said: “The High Court ruling in February was a well-reasoned and unequivocally clear judgment. The employer has made specific commitments to these workers about retained pay and the court found that it was unlawful for Tesco to renege on that commitment using fire and rehire tactics if the end result was to deprive those workers of the very payments it had guaranteed.

“There is no justification for the company to pursue cost-cutting measures to the detriment of its staff. We will continue to fight alongside the trade union movement against employers that think they can get away with these kinds of cynical employment tactics.”

Tesco has been contacted for comment.

Employee relations opportunities on Personnel Today


Browse more Employee Relations jobs

Ashleigh Webber
Ashleigh Webber

Ashleigh is editor at OHW+ and HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support. Prior to joining Personnel Today in 2018, she covered the road transport sector for Commercial Motor and Motor Transport magazines, touching on some of the employment and wellbeing issues experienced by those in road haulage.

previous post
Sickness absence rate in 2021 was highest in more than a decade
next post
Authenticity at work: Is it really ‘all about me?’

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

Inflation: A return to the 1970s or a...

6 Jul 2022

BT workers vote for strike action over pay

1 Jul 2022

Royal Mail managers vote to strike over restructure

30 Jun 2022

Heathrow-based cabin crew set for 18% pay rise

28 Jun 2022

British Airways employees at Heathrow vote for walkouts

24 Jun 2022

Government to repeal agency workers ban during strikes

23 Jun 2022

Inflation in May 2022 at 40-year high, as...

22 Jun 2022

Rail strike: PM calls for pay compromise to...

21 Jun 2022

‘General strike’ threat looms as unions voice pay...

20 Jun 2022

Rail strike: Shapps hints again at repeal of...

17 Jun 2022
  • The ultimate guide to payroll for small businesses PROMOTED | You’ve started a business that has expanded to the point of requiring more staff to meet demand. Congratulations!...Read more
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+