Claiming it would ‘not be a viable business’ if it did not take action, on 17 March 2022, P&O sacked 800 of its crew members via a pre-recorded video message, without consultation or notice. Unlike other household names which have been heavily criticised for announcing mass redundancies in recent years, P&O’s stated intention was not to rehire their workers on new contracts, but to replace them with agency staff who would be paid less than the UK national minimum wage (NMW).

Collective redundancies have, unfortunately, been commonplace in recent times and, even when the employer has complied with the collective consultation obligations, the practice – nicknamed ‘fire and rehire’ – has been heavily criticised. Under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) ss188-198, if an employer wishes to make redundant 20 or more employees at one establishment (the local unit or entity where workers are assigned to carry out their duties) within a period of 90 days or less, the employer is required to inform and consult with recognised trade unions (if there are any) or the appropriate representatives of employees who may be affected by the proposed redundancy dismissals or by measures taken in connection with those dismissals. ‘Redundancy’ under TULCRA, is given the broadest meaning – it includes the traditional concepts of redundancy under the Employment Rights Act 1996 (ERA), but will also include dismissals, which may be regarded as being for “...

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