This week Daniel has prepared a video on the topical and often tricky area of so called “fire and rehire” dismissals. Daniel will review the unfair dismissal principles and provide commentary on dismissals relying on the ground of some other substantial reason (SOSR).   Click for the link to the video here

If you have any queries about the matters discussed in this video, please email employmenthub@chadlaw.co.uk for help and advice.

Dismissal of employee who expressed concerns about commuting and attending the office during lockdown

An employment tribunal has found that an employee who said that he was not comfortable attending the office during lockdown due to his public transport commute. This was because the Claimant had only asked to be furloughed or allowed to work from home, where it was not possible for either situation to take place. The employer had suggested that the worker stay home but take unpaid leave or holiday, which was held to be sufficient in the circumstances for the claim to fail as the employer had offered an alternative solution which the employee refused to take.

https://www.gov.uk/employment-tribunal-decisions/mr-f-accattatis-v-fortuna-group-london-ltd-3307587-slash-2020

ACAS suggest a ban on ‘fire and rehire’ practices, but government confirm that there are no current plans to ban.

In June 2021, ACAS prepared a report as a fact-finding exercise on the practice of ‘fire and rehire’ practices and reform of the current regime. In response to the ACAS report, the government have confirmed that no ban will be made as to the practice but has asked that ACAS provide further guidance on when ‘fire and rehire’ should be used.

https://www.acas.org.uk/acas-statement-on-fire-and-rehire-report

Can I appeal against a decision of the information commissioner?

It is now well known both that the Information Commissioner is responsible for enforcement of Data Protection and also that the Information Commissioner is increasingly taking action against businesses who have allegedly not complied with their Data Protection requirements. This article, by Chadwick Lawrence questions whether you can appeal against a decision of the information commissioner.

https://www.chadwicklawrence.co.uk/news/can-i-appeal-decision-information-commissioner/