Parklane Plowden barristers and joint heads of the employment team Andrew Sugarman and Dominic Bayne discuss the latest development to the Employment Rights Bill, including fire and rehire.
The Bill was proposed shortly after the Labour government came into power in the summer of 2024 having outlined the plans in its manifesto to promise significant reforms across a broad range of employment practices.
At the time of recording, the Bill is yet to reach Royal Assent as it progresses through Parliament, with
the House of Commons having recently rejected the latest amendments proposed by the Lords at the
report stage.
Areas of reform within the Bill, which, if passed into legislation, will represent significant adjustments for employment practitioners, include day-one dismissal rights, third-party harassment and flexible working legislation.
Amongst the proposed reforms which Andrew and Dominic discuss is changes in the legal provisions for fire and rehire, which represents an area where little has been left to secondary legislation.
Currently viewed as a last resort amongst employers, the two look at the current practices of imposing
contractual changes on a workforce and the new statutory code of practice which has been in force since July 2024.
Andrew and Dominic look at the build up to the proposals and the current status of the amendments in specific contractual variations such as pay, pension, working hours and leave entitlements as well as the importance of statutory language.
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