The practice in the UK of ‘fire and rehire’ (i.e. dismissing an employee and offering them a new employment contract on new terms) as a way to change terms and conditions of employment is lawful, but it has been under the spotlight and subject to increased scrutiny in recent years as cases of misuse by
ACAS
EAT Decision Sheds New Light on Scope of ACAS Code on Ill Health Dismissals
By Laura E. Phillips & Thomas Ince on
In the recent case of Holmes v Qinetiq Ltd, the Employment Appeal Tribunal (“EAT”) considered for the first time whether the power to increase or decrease an award of compensation for a failure to comply with the ACAS Code of Practice extends to dismissals on the grounds of ill health. The EAT concluded that the…