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The Government is consulting on its draft Dismissal and Re-engagement (Fire and Rehire) Code of Practice.

Building on ACAS guidance, the code’s aim is to provide steps employers should take to ensure dismissal and re-engagement is only ever used as a last resort. It will apply when an employer is seeking to change employment terms and conditions, and there is risk of dismissal and re-engagement.

The government’s position is there are some situations where businesses may require the flexibility to use dismissal and re-engagement to save as many jobs as possible, and hopes the code strikes the right balance between labour market flexibility and worker protections.

The code is not legally binding, but a court or employment tribunal will take it into account when considering relevant cases, including dismissal and may increase/decrease compensation and awards by up to 25% if an employer or employee unreasonably fails to comply with it.

BRC will submit a response on behalf of retailers. To do so, we’re asking that you please share your responses to the consultation papers or overall key concerns and comments COP 6 April 2023 to sophie.desalis@brc.org.uk or Lucy at lucy.whing@brc.org.uk.

Beyond the consultation papers, Government is keen to hear your views on length, level of detail, and whether different business sizes would be able to navigate the code, so any written feedback will be highly appreciated.

To assist you in responding, we suggest that you consider how the code will facilitate/create more challenges in our operations, including:

  • Will the code provide any substantive change beyond existing protections?
  • Would the code create discrepant treatments for employees at risk of fire and rehire situation and those at risk of redundancy?
  • Will the code complicate and/or lengthen your current processes, or will it make those more streamlined and robust?

Please ensure that you submit your responses ahead of the deadline on 6 April. If you have any questions or issues in doing so, please contact Sophie at sophie.desalis@brc.org.uk or Lucy at lucy.whing@brc.org.uk.