I am pleased to see ACAS (Advisory and Conciliation Service) shining a light on the fire and rehire tactic that is being used against workers by unscrupulous bosses.
ACAS has published a report into the practice of dismissal and re-engagement that has reportedly become increasingly common since the COVID-19 pandemic.
ACAS was invited to carry out the fact-finding exercise by the Department for Business, Energy and Industrial Strategy to inform policy on the issue – but was not asked to make any recommendations to the government.
It surveyed employer bodies, trade unions, professional bodies and networks for employment lawyers, accountants, HR and payroll services, academics, and ACAS senior advisors.
It found there was a shared sense among some participants that the practice has become increasingly prevalent both in recent years and during the COVID-19 pandemic.
Participants gave examples of employers using the pandemic as a “smokescreen” to diminish workers’ terms and conditions and using fire and rehire as a negotiation tactic to undermine or bypass genuine workplace dialogue on change.
Among the suggestion for changes to legislation that would curb the practice were:
●Tightening up the law around unfair dismissal;
●Enhancing the requirement and capacity for employment tribunals to scrutinise businesses’ rationale for change in relevant cases;
●Protecting continuity of employment in fire and rehire scenarios; and
●Strengthening employers’ consultation obligations around proposed dismissals.
Finally on a personal note, it’s time this shameless, deceitful and cruel practice was stopped and the only people that can do this are the people we put in power to represent us, this government.
Rodney Sadd
Crowland
