employment contracts

Court of Appeal overturns injunction in Tesco “fire and rehire” case

In February this year, the High Court granted a highly unusual injunction preventing Tesco from using so-called ‘fire and re-hire’ to implement changes to terms and conditions for some of its workforce in order to remove a ‘permanent’ contractual entitlement to enhanced pay (see Be Aware 3 February 2022). The Court of Appeal has now …

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USDAW union granted injunction against Tesco to prevent ‘fire and rehire’

The High Court has granted an injunction preventing Tesco from using so-called ‘fire and re-hire’ to implement changes to terms and conditions for some of its workforce. Tesco recognises USDAW for collective bargaining purposes for staff below the grade of Team Manager at certain of its distribution sites. Between 2007 and 2009 Tesco implemented a …

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Supreme Court: employer’s direct pay offer to employees was unlawful inducement when collective bargaining process not completed

Employers who recognise a trade union for collective bargaining purposes should take note of last week’s Supreme Court decision in Kostal UK Ltd v Dunkley which will have to be considered where collective bargaining negotiations over pay awards or other contractual variations reach a stalemate. Background The Supreme Court’s decision is the final instalment in …

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New employment details to be given to April 2020 new starters

When the Government published proposals in its December 2018 Good Work Plan to extend the employment information which must be provided to employees, the implementation date felt like a long time off.  However, it is suddenly looming close and employers must ensure they are prepared and  able to provide the information to any new recruits …

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The spotlight on NDAs intensifies as Government publishes proposals for reform

The spotlight on non-disclosure agreements – or confidentiality clauses, as they are commonly referred to – is showing no sign of diminishing. The Government published a consultation paper yesterday, taking forward its agreement in December 2018 to implement one of the recommendations made by the Women and Equalities Committee to better regulate the use of …

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