Employment Law: Fire and Rehire and the New Code
To date there is no legislation on the issue of fire and rehire and whether the process is fair or not, is an issue to be decided by the Employment Tribunals in accordance with case law when the issue is challenged.
New Statutory Code of Practice
- see Government information on this
On 29 March 2022 the Government has announced that there is to be a new Code and it is anticipated that this will provide guidance on the steps that need to be taken in order for there to be a fair, transparent and meaningful consultation on any proposed change of terms and conditions of employment.
The new Code is to also detail as to how businesses should hold a fair consultation on proposed changes to terms which is very topical considering the P&O Ferries dismissals.
Failing to Comply with New Code
When cases go before the Employment Tribunal this Code must be taken into account including claims for unfair dismissal. In addition to this, if an employer fails to comply with the Code, there could be an increase to the compensation by 25% similar to the ACAS Code on Disciplinary and Grievance Procedures. Therefore, if you are a business looking to restructure your workforce or planning to make changes to staff’s terms and conditions, you must take into account the new Code of Practice and legal advice on any proposals before making changes. This new guidance is also likely to lead to an increased number of Tribunal claims and therefore there is also risk for a business to face reputational damage if the procedure is not handled correctly or fairly.
If you are an employee and you feel that you have been dismissed unfairly due to changes in your terms and conditions of employment, then please do not hesitate to contact us. We have helped many people who have been dismissed unfairly.
Should you require further assistance, then please Contact Us here. If you complete our enquiry form a member of the employment team will call you straight back.
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