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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

Bloomsbury Square Employment Law—Donna Clancy

Bloomsbury Square Employment Law—Donna Clancy

Employment law team strengthened with partner appointment

mfg Solicitors—Matt Smith

mfg Solicitors—Matt Smith

Corporate solicitor joins as partner in Birmingham

Freeths—Joe Lythgoe

Freeths—Joe Lythgoe

Corporate director with expertise in creative industries joins mergers and acquisitions team

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
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