Welcome back to our “cross-border perspectives” series, where we compare employment law and practice from an international perspective, drawing on the experience of local and international employment lawyers who deal with...more
Last year the UK government promised to introduce a statutory Code of Practice setting out the standards employers should observe if they are considering dismissing and re-engaging staff as a way of changing employee terms...more
The High Court of Justice for England and Wales has prevented an employer from dismissing employees and offering to re-engage them on new terms. As the employer was seeking to remove a right to enhanced pay that it had...more
The High Court of England and Wales in USDAW & Others v Tesco Stores Limited granted an injunction on 3 February preventing an international retailer, Tesco, from deploying “fire and rehire” to phase out an employee benefit....more
An English employment tribunal decided that it was fair for an employer to dismiss a care home worker when she refused to be vaccinated against COVID-19. However, employers should not assume that the decision means that it...more
Using “fire and rehire” as a way to implement changes to terms and conditions of employment has become increasingly controversial in the UK in recent years. In October the government blocked legislation that would have made...more
First tribunal guidance on "serious and imminent" danger in context of COVID-19 - In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more
In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under...more