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NLJ this week: Fire & rehire, the Tesco case & potential overhaul under Labour

07 June 2024
Issue: 8074 / Categories: Legal News , Procedure & practice , Employment , Tribunals
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What are the potential implications of the Tesco ‘retained pay’ case, and, post-election, how might a potential Labour government overhaul the law surrounding fire and rehire?

In this week’s NLJ, Clare Fletcher, PSL counsel at Slaughter and May, looks in detail at the case, USDAW v Tesco, concerning an incentive Tesco offered to employees in 2007 and tried to remove in 2021. Tesco offered a compensatory payment to those employees who agreed and warned those who refused that they would be fired and rehired.

Fletcher, a member of the Employment Lawyers Association Legislative and Policy Committee, looks at the potential ramifications of the case, as well as a new code of practice on fire and rehire. Finally, Fletcher looks into the possible scenario of a Labour government overhauling the law.

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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