Welcome to the briefing for HR teams and in-house employment counsel – bringing you this month’s employment law highlights in an easy-to-read package, and now with an easy-to-listen-to podcast too!
Most contractual changes can be agreed between employer and employee, but this is not always the case. Forcing through a change can sometimes be necessary, either by unilaterally imposing the change or, more drastically, by dismissing those employees who refuse to accept the changed terms, and offering to re-employ them on the new terms. Employment lawyers call this dismissal and re-engagement. The press uses the snappier label “fire and re-hire”. This option of last resort has come under heavy criticism in recent months, particularly after the well-publicised P&O episode, with litigation reaching the Court of Appeal in at least one dispute. In March 2022 the Government committed to introducing a new statutory Code of Practice to give clearer guidance in this area. A draft Code has now been published, and we explore the draft in this month’s podcast.
Still on the subject of Government consultations, readers may remember that the Government ran a consultation process in 2020/21 on whether post-termination non-competition provisions (non-competes, for short) should be unenforceable as a general principle, or whether employees should have to be paid to compensate them for time spent "out of the market". English law has (for several...
Kuehn Law is investigating Fractyl Health for allegedly misleading shareholders about the effectiveness of its outpatient therapy, Revita. The lawsuit claims the company overstated Revita's clinic...