Dismissal and re-engagement: code of practice
Guidance for employers, employees and their representatives in dismissal and re-engagement scenarios.
Applies to England, Scotland and Wales
Documents
Details
The practice of dismissing and re-engaging employees 鈥� sometimes referred to as fire and rehire 鈥� as a means of changing their terms and conditions of employment can cause conflict between employers, employees and trade unions.
The code sets out employers鈥� responsibilities when seeking to change contractual terms and conditions of employment and seeks to ensure dismissal and re-engagement is only used as a last resort.
Employment tribunals have the power to apply an uplift of 25% of an employee鈥檚 compensation if an employer unreasonably fails to comply with the code where it applies.
Updates to this page
-
In section 52 a sentence was previously omitted in error: "The employer should ensure that the only terms which are changed are those which have been subject to the information-sharing and consultation process, and should not use this as an opportunity to make any further changes." Other minor amendments have been made throughout the document.
-
First published.