Good morning, Everyone,

Welcome to this week’s MMD!

In this week’s MMD podcast, Sam reviews the new guidance on sexual harassment in the workplace and Nils discusses the new changes to the ICO fee regime, while Daniel shares his thoughts on the Labour government’s commitment to introducing greater day one rights for employees. We also look at Tesco’s recent loss in a legal battle over their attempt to ‘fire and rehire’ staff on lower pay.

Don’t forget to check out our exciting lineup of upcoming events and seminars that will keep you informed on the latest developments in employment law!

THE MMD PODCAST

Episode 39: Back to Work!

In this week’s episode, Sam reviews the new guidance on sexual harassment in the workplace and Nils discusses the new changes to the ICO fee regime.

Listen to the episode here: https://spoti.fi/3NfsxzO

THE MEDIA HUB

Day One Rights – How Will it Work?

The Labour government has committed to introducing greater day one rights for employees, with a suggestion that this includes unfair dismissal protection. This video examines a potential timeline for implementing any changes, including consultation periods and transitional provisions.

Watch the video: https://youtu.be/Luax4ljAyB0

Supreme Court Rules Tesco Cannot ‘Fire and Rehire’ Workers

 The UK Supreme Court has unanimously ruled to restore an injunction granted by the High Court preventing Tesco from terminating and then re-engaging workers in an attempt to end their right to ‘retained pay’ benefit.

The Case

 In 2007, Tesco sought to avoid losing experienced employees when it re-organised its distribution centres. To incentivise employees to relocate, it offered them a ‘retained pay’ benefit’, which it communicated to employees as a “guaranteed for life”, “permanent” feature of their employment contracts.

However, in 2021, it sought to remove the benefit, offering affected employees a final 18-month advance on retained pay and dismissing and re-engaging on new terms employees– a “fire and rehire” approach.

In 2022, USDAW won an injunction against the termination notices on behalf of the Tesco workers, but later that year Tesco won an appeal against it. However, in September of 2024, the Supreme Court restores the injunction to prevent the “fire and rehire” of workers, ruling that the workers’ contracts contained an implied term by fact that the right to ‘retained pay’ was permanent. This means that Tesco cannot terminate and re-engage the workers on the ‘retained pay’ benefit.

Implications

 This is not an express ruling against employers terminating and then re-negotiating their employees’ contracts on re-engagement. However, it is a stark warning to employers to set clear parameters when introducing new benefits and to be specific and intentional around wording the applicable conditions.

Read the full report: https://www.supremecourt.uk/cases/docs/uksc-2022-0133-judgment.pdf

UPCOMING EVENTS

We have several exciting events and seminars lined up that you won’t want to miss:

• 17^th Oct, 8:30 AM | Sedulo Leeds Office
  Incentivising Employees with Sedulo
• 20^th Nov, 8:30 AM | Weetwood Hall Estate, Leeds
  Mock Tribunal Event on Menopause and Age Discrimination
• 21^st Nov, 8:30 AM | OE Electrics, Wakefield
  Post-Election Update with Wakefield Manufacturing Forum

For more details and how to register please visit our website:

www.chadwicklawrence.co.uk/seminars/business-services-seminars/

Or email: seminars@chadlaw.co.uk