header-logo header-logo

25 January 2023
Issue: 8010 / Categories: Legal News , Employment , Disciplinary&grievance procedures
printer mail-detail

End in sight for fire & rehire?

A draft statutory code of practice to stop ‘fire and rehire’ practices has been published by the government.

Business secretary Grant Shapps launched a 12-week consultation this week on the draft code of practice on dismissal and re-engagement, due to close on 18 April. The government agreed to introduce the code following P&O Ferries’ sacking of 786 seafarers last year.

The code explicitly states employers must not use threats of dismissal to pressurise employees into accepting new terms, and must consult with employees in a ‘fair and transparent’ way when proposing changes to terms and conditions.

Once in force, courts and employment tribunals will be able to take the code into account when considering unfair dismissal and other relevant cases, and will have powers to apply a 25% uplift to an employee’s compensation where an employer is found not to have complied with the code.

Shapps said the threat of fire and rehire was ‘a quick-fire way to damage your reputation as a business’. View the draft code here.

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll