The problem with challenging the practice of “fire and rehire” is that properly advised employers do not “rip up an employee’s contract with impunity”, as your editorial suggests (27 April). This would be illegal. Instead, employers go through a bogus consultation process and, in the event of not securing agreement, terminate the contracts on due notice and offer less advantageous terms. In that case, the employees do have a remedy – they can accept and continue working on the new terms, and still claim that the termination constitutes an unfair dismissal, provided they have been employed for two years.
However, in practice, employers are generally able to persuade employment tribunals that commercial factors justify such behaviour.
This is much more difficult to legislate against and concerted industrial action will probably remain the most effective remedy.
Andrew Hillier QC
Volunteer employment rights adviser, South West London Law Centres
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