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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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