he furlough scheme ends in September and many employers will be planning how to keep their businesses profitable. Workers fear they will lose their jobs, and women are likely to feature disproportionately in the redundancy statistics.
And there’s also the phenomenon of “fire and rehire”. Also called “dismissal and re-engagement”, the motivation is to fire workers and rehire them on terms more favourable to the employer. This isn’t unlawful but employers may find workers lodging claims in the employment tribunal.
According to a recent Trades Union Congress report, since March 2020 nearly one in ten workers have been told to reapply for their jobs on worse terms and conditions or to face the sack. BME and young workers have principally been targeted, and Parliament’s Transport Committee has criticised British Airways’ fire and rehire tactics. The Unite union has dubbed the practice “bullying” and has launched a national campaign to outlaw it. Although 'fire and rehire' is already banned in Ireland and Spain, it is still lawful in England & Wales.
Meanwhile ACAS has issued guidance on its site, Changing an employment contract – When changes are not agreed. Employers should consider whether the changes are really necessary and if they are:
· Try hard over an extended period of time to reach an agreement with their worker
· Consider the damage to workplace morale, and the risk of legal proceedings
· Follow fair dismissal procedures including the right of appeal, and give the lawful amount of notice
For more information or to speak with Roy Magara, a specialist employment lawyer at Magara Law, please call 01869 325 883 or email roy@magaralaw.co.uk. Magara law is an employment law firm based in Bicester, Banbury and Paddington, London, and services clients nationwide.
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