Yes. For now. After several high-profile cases, the practice of fire and rehire has recently received widespread negative press coverage. These include the dismissal of almost 800 employees by P&O Ferries in 2022 to be replaced by lower-paid agency staff, and a case where Tesco (unsuccessfully) sought to use the practice to overturn preferential pay…
Unfairly dismissed for swearing owing to a toxic workplace with widespread ‘banter’
In Ogden v Booker Limited, an employment tribunal held that dismissing an employee for gross misconduct was unfair owing to, among other things, a lawless workplace culture where managers failed to enforce dignity at work standards. What happened? Mr Ogden joined Booker Limited (Booker) as a driver/trainer in 2016. On 4th August 2023, a female…
More McDonald’s harassment allegations
More than 700 junior McDonald’s workers in the UK have joined legal action against the fast-food chain, alleging discrimination, homophobia, and sexual harassment. This follows a BBC investigation in 2023 that revealed widespread sexual abuse and harassment at McDonald’s restaurants. Despite signing a legal agreement with the Equality and Human Rights Commission (EHRC) to improve…
Preventing sexual harassment at work: checklist and action plan for employers
Since Saturday 26th October 2024, employers have been obliged to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment. The Equality and Human Rights Commission has prepared a checklist and action plan to help employers create a safer working environment and comply with their legal obligations under…
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Unfair dismissal in the Employment Rights Bill
The Employment Rights Bill, introduced to Parliament on Thursday 10th October 2024, is the government’s first phase of achieving the Plan to Make Work Pay. It has published a set of factsheets to help people understand the measures within the bill. So, what does it say about its plans to provide day-one protection from unfair…
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10 ways to use artificial intelligence (AI) in recruitment safely
The Information Commissioner’s Office has published a list of key considerations for employers who are thinking of procuring an AI tool for recruitment. What are they? Risk assessment: Assess the necessity of using AI, complete a data protection impact assessment to identify and mitigate risks, and consult affected groups. Explain: Explain AI decisions clearly and…
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Fire and rehire
In the Employment Rights Bill, the government plans to ‘end unscrupulous fire and rehire and fire and replace’ practices by considering any dismissals for failing to agree to a change in the contract as automatically unfair, except where businesses genuinely have no alternative. What does this mean? The government’s factsheet on the topic says:…
10 Ways You Should Prepare for the Employment Rights Bill
1 Unfair Dismissal Change Clause 19 removes the two-year qualifying period for claiming unfair dismissal, making it a right from day one of employment. The government will consult on a new statutory probationary period, with its preference being nine months. Action Monitor probationary periods Begin planning to monitor and evaluate your employees more rigorously during…
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How do you do a sexual harassment risk assessment?
From Saturday 26th October 2024, employers are under a duty to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment. An employer is unlikely to be able to comply with the preventative duty unless it completes a risk assessment to identify risks and the control measures required…
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Newsflash – Employment Rights Bill
Today (Thursday 10th October) the Government published the draft Employment Rights Bill. It is claimed to be ‘the biggest upgrade to rights at work for a generation’ and stems from one of Labour’s key manifesto commitments. So what are the highlights? Employers will have a legal duty to take all reasonable steps to prevent sexual…
Eight ways to comply with the employer’s new duty to prevent sexual harassment of employees.
The government has confirmed its plans to bring the Worker Protection (Amendment of Equality Act 2010) Act 2023 into force on Saturday 26th October 2024. The Act will require employers to take ‘reasonable steps’ to protect employees from sexual harassment in the course of their employment. The Equality and Human Rights Commission (EHRC) will be…
How can you support disabled workers with hybrid working?
The Equality and Human Rights Commission has published a guide to help employers support disabled workers’ full participation in hybrid working. The guide provides practical tips, conversation prompts, questions, and case study examples. It covers recruitment and employment. What does the law say about reasonable adjustments in employment? The Equality Act 2010 recognises that achieving…
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