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A crackdown on so-called fire and rehire tactics by employers has been criticised as “tinkering around the edges” by the leader of the Trades Union Congress (TUC).

Its general secretary spoke up as the Department for Business and Trade (DBT) confirmed the creation of a new statutory code covering the practice, also known as dismiss and re-engage.

Fire and rehire refers to when an employer fires a member of staff and offers them a new contract on new, often less favourable terms.

It said the code, subject to parliamentary approval, would prevent rogue use of the tactic by employers as employment tribunals would have the power to apply an uplift of up to 25% of a person’s compensation through any unreasonable lack of compliance.

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The DBT said employers must explore alternatives to dismissal and re-engagement and have meaningful discussions with employees or trade unions to reach an agreed outcome.

“The Code makes it clear to employers that they must not use threats of dismissal to pressurise employees into accepting new terms,” the statement added.

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“They should also not raise the prospect of dismissal unreasonably early or threaten dismissal where it is not envisaged.”

The draft was put out to consultation last summer and unions maintained their grievances when the code of practice was confirmed on Monday.

They have hit out at several major employers since the pandemic, including British Gas and British Airways, with the TUC suggesting in 2021 that nearly one in 10 workers had been asked to reapply for their jobs since the start of lockdown in March 2020.

However, they were particularly angry in the wake of the P&O Ferries scandal of 2022.

The Spirit of Britain (top) passes the Pride of Kent as it arrives at the Port of Dover, in Kent, after completing further sea trials as P&O Ferries prepare to resume Dover-Calais sailings for freight customers. The vessel was detained by the Maritime and Coastguard Agency (MCA) on April 12 after safety issues were found, but was cleared to sail last Friday. The ferry company sacked nearly 800 seafarers with no notice on March 17, replacing them with cheaper agency workers. Picture date: Tuesday April 26, 2022.
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Unions have accused the government of allowing P&O Ferries to escape punishment for its treatment of workers in 2022

In March of that year, almost 800 workers were sacked at the DP World-owned company and replaced with agency staff.

Mr Hollinrake confirmed in his interview that the Insolvency Service was continuing to examine whether civil law was broken in that high-profile case.

He described the mass sackings as “disgraceful” but added: “That was a fire situation, that wasn’t a fire and rehire situation.”

“Since that, we have legislated to say that anyone working in British territorial waters must earn the National Living Wage to reduce the benefit to something like P&O might get from taking those kind of actions.

“Also, of course, workers can take their cases to employment tribunals and make sure they get significant redress for that kind of action.”

He explained that the code had to strike a balance between preventing abuse of employees and preventing job losses, saying that so-called fire and rehire should be a last resort.

“Better than hundreds of people potentially being made redundant… is to look at ways to restructure a workforce if a company hits very difficult economic times,” he concluded.

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General secretary of the TUC union organisation, Paul Nowak, said the crackdown was half-baked and failed to protect workers’ rights to the extent Labour was promising.

“This code lacks bite and is not going to deter bad employers like P&O from treating staff like disposable labour,” he responded.

“We need far more robust legislation to protect people at work.

“One in 10 were threatened with fire and rehire during the pandemic – tinkering around the edges is not going to cut it.”

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Bank of England governor backs big retail on budget jobs warning

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Bank of England governor backs big retail on budget jobs warning

The Bank of England governor has said industry lobby group the British Retail Consortium (BRC) was right to warn of job losses as a result of the budget.

There is a “risk” of unemployment rising due to increases in employers’ national insurance contributions and minimum wage rises announced by Chancellor Rachel Reeves last month, Andrew Bailey told MPs on the Treasury Committee.

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In a letter to Ms Reeves, the BRC warned of items becoming more expensive and job cuts stemming from the price pressures placed on firms by the new policies.

But firms will rebuild their profit margins, according to Mr Bailey.

He said: “Probably initially there will be more pressure on firms’ margins because it takes them longer to adjust and then they’ll probably rebuild those more profit margins, that is over time”.

Having previously said the budget could cause inflation to rise, Mr Bailey on Tuesday said price increases could slow or reverse thanks to the budget policies.

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Fewer jobs would reduce competition among employers for workers, something which could bring down wages.

Wage rises have been one of the factors identified by Mr Bailey as behind high inflation since the COVID pandemic.

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BoE: Inflation expected to rise

How much will borrowing costs fall by?

A member of the Bank’s interest rate-setting Monetary Policy Committee, Professor Alan Taylor, told the MPs he expects interest rates to fall to 3.75% over the next year – down from the current 4.75%.

Interest rates could be lowered more quickly, he added, if inflation, wage growth and economic expansion are less than anticipated and unemployment ticks higher.

Why are mortgage rates going up?

When asked why typical fixed-rate mortgages have been going up in recent weeks, Mr Bailey said it was because of US political uncertainty before the election as well as the UK budget.

He pointed out that since the first interest rate cut in four years, announced in August, mortgage rates in the market have been lower.

Brexit and its hardline supporters

Echoing comments he made about Brexit and the need for increased cooperation with the European Union, Mr Bailey also levelled criticism at hardline Brexiteers.

“We should be in active dialogue with the EU,” he told MPs.

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The reason there have been outcomes “better than we feared they would be in 2016-17” for the financial services sector is because of open dialogue with EU colleagues, Mr Bailey said.

“I find it hard to understand people who seem to say that we should implement Brexit in the most hostile fashion possible.”

He added: “I take no position on Brexit. I never have. I’ve always said it’s my job to get on and do it and I’ll do it in the best way possible and I think talking, having a relationship with the European Union is the better way to do it.”

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Post Office to cut senior leadership team by 50% under ‘£1.2bn transformation’

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Post Office to cut senior leadership team by 50% under '£1.2bn transformation'

The scandal-hit Post Office has moved to cut its senior leadership team by half under efforts to reduce costs and bolster the business’s damaged culture.

New chairman Nigel Railton told a committee of MPs the move was started just moments after his transformation plan – a major effort to turn a page on the Horizon IT scandal – was revealed to Post Office staff last week.

He also confirmed that the total cost of the initiative, yet to be agreed with ministers, had been estimated at £1.2bn.

That sum, he said in his evidence to the business and trade committee, included the projected cost of a replacement for the Horizon accounting system.

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Mr Railton did also not deny that he could consider his position if the bill was not approved by the government.

The transformation plans could lead to more than 1,000 job losses through the closure of more than 100 so-called crown branches which currently lose significant amounts of money.

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On top of that headcount figure are planned cuts to head office roles.

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While no total has been set Mr Railton, who succeeded Henry Staunton after he was sacked by-then business secretary Kemi Badenoch in January, confirmed that it was in consultations with 30 out of 64 members of the current senior leadership team.

The wider transformation proposals include an aim to boost postmaster pay by a combined £250m over five years in a bid to remedy long-held complaints over remuneration.

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Union confusion over Post Office shake-up

The MPs held their evidence session as the public inquiry into the scandal nears its conclusion, with just closing speeches to be made ahead of the publication of the findings next year.

The compensation and redress issue is continuing to dominate the fallout amid the criticism over delays after the blanket quashing of wrongful theft convictions linked to the faulty accounting system software.

The MPs’ raised concerns, that were supported by witnesses including Mr Railton, that the redress schemes still needed to go faster despite some improvements in processes.

Attention is, however, also turning to potential prosecutions connected with the scandal though such charging decisions could take years to materialise.

Sky News revealed on Monday that police, who have been monitoring evidence and submissions to the inquiry, are investigating up to four individuals to date on suspicion of offences including perjury.

Ministers are considering a new ownership model for the business, which could result in an employee-owned future akin to the John Lewis Partnership structure.

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Budget means ‘difficult decisions’ already being taken, retail chiefs warn

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Budget means 'difficult decisions' already being taken, retail chiefs warn

Dozens of retail bosses have signed a letter to the chancellor warning of dire consequences for the economy and jobs if she pushes ahead with budget plans which, they say, will raise their costs by £7bn next year alone.

There were 79 signatories to the British Retail Consortium’s (BRC’s) response to Rachel Reeves’ first budget last month, a draft of which was seen by Sky News last week.

As farmers prepared to launch their own protest in London over inheritance tax measures, the retail lobby group’s letter to Number 11 Downing Street was just as scathing over the fiscal event’s perceived impact.

It warned that higher costs, from measures such as higher employer National Insurance contributions and National Living Wage increases next year, would be passed on to shoppers and hit employment and investment.

The letter, backed by the UK boss of the country’s largest retailer Tesco and counterparts including the chief executives of Sainsbury’s, Next and JD Sports, stated: “Retail is already one of the highest taxed business sectors, along with hospitality, paying 55% of profits in business taxes.

“Despite this, we are highly competitive, with margins of around 3-5%, ensuring great value for customers.

“For any retailer, large or small, it will not be possible to absorb such significant cost increases over such a short timescale.

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PM vows to defend budget decisions

“The effect will be to increase inflation, slow pay growth, cause shop closures, and reduce jobs, especially at the entry level. This will impact high streets and customers right across the country.

“We are already starting to take difficult decisions in our businesses and this will be true across the whole industry and our supply chain.”

The budget raised employers’ National Insurance contributions by 1.2 percentage points to 15% from April 2025, and also lowered the threshold for when firms start paying to £5,000 from £9,100 per year.

It also raised the minimum wage for most adults by 6.7% from April.

The BRC has previously pleaded for the total cost burden, which also includes business rates and a £2bn hit from a packaging levy, to be phased in and its chairman has said the measures fly in the face of the government’s “pro-business rhetoric” of the election campaign.

Official data covering the past few months has raised questions over whether the core message since July of a tough budget ahead has knocked confidence, hitting employment and economic growth in the process.

The government was yet to comment on the letter, which pleaded for an urgent meeting, but a spokesperson for prime minister Sir Keir Starmer has previously stated in response to BRC criticism that the budget “took tough choices but necessary choices to fix the foundations, to fix the fiscal blackhole that the government had inherited and to restore economic stability.”

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