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07 June 2024 / Clare Fletcher
Issue: 8074 / Categories: Features , Procedure & practice , Employment , Tribunals
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Where next for ‘fire & rehire’?

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Clare Fletcher looks into the Tesco ‘retained pay’ case & ponders how Labour in government might treat the issue
  • The Tesco ‘retained pay’ case could have significant implications for employees at Tesco, and employers who seek to harmonise their employees’ contractual terms.
  • The new code of practice for fire and rehire may have changed the scenario in the Tesco case in various ways.
  • Looks beyond 4 July, and considers how a Labour government might overhaul the law surrounding fire and rehire.

‘Fire and rehire’ is a contractual mechanism for implementing contentious changes to employees’ terms and conditions. It has been recognised and utilised in various scenarios for many years, but has come under greater scrutiny following a number of recent high-profile instances. This has resulted in both a legal challenge which reached the UK’s highest court in April, and a new statutory code of practice due to come into force in July. This article considers the implications of these developments, and what the future holds for fire and rehire.

In court

On

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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