header-logo header-logo

25 January 2023
Issue: 8010 / Categories: Legal News , Employment , Disciplinary&grievance procedures
printer mail-detail

End in sight for fire & rehire?

A draft statutory code of practice to stop ‘fire and rehire’ practices has been published by the government.

Business secretary Grant Shapps launched a 12-week consultation this week on the draft code of practice on dismissal and re-engagement, due to close on 18 April. The government agreed to introduce the code following P&O Ferries’ sacking of 786 seafarers last year.

The code explicitly states employers must not use threats of dismissal to pressurise employees into accepting new terms, and must consult with employees in a ‘fair and transparent’ way when proposing changes to terms and conditions.

Once in force, courts and employment tribunals will be able to take the code into account when considering unfair dismissal and other relevant cases, and will have powers to apply a 25% uplift to an employee’s compensation where an employer is found not to have complied with the code.

Shapps said the threat of fire and rehire was ‘a quick-fire way to damage your reputation as a business’. View the draft code here.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll