Parliament was dissolved on the 30th May 2024, ahead of the UK General Election on the 4th July 2024. As a result of this, with the exception of the fire and re-hire Code of Practice (see below), all unfinished employment legislation will fall away unless and until reintroduced in the next Parliament. 
 
It therefore remains to be seen what will happen with the reforms to the TUPE regulations, the new law on tipping, neonatal leave and the right to request a more predictable working pattern, which were all supposed to be introduced over the next year. 
 
We will keep you updated about potential future employment law changes as the plans of the new government become clear.
 

Fire and re-hire Code of Practice

An order has been made bringing the Code of Practice into effect on 18th July. The new Code will not apply where the prospect of dismissal and re-engagement has been raised by the employer before this date. 
 
The Code of Practice sets out the employer’s responsibilities when seeking to change employee’s terms and conditions by way of dismissal and re-engagement (or “fire and re-hire” as it is often termed). 
 
The Code does not make the practice of “fire and re-hire” illegal, but it is intended to supplement ACAS guidance introduced in 2021. It recommends that the practice should be used as a last resort and makes recommendations for sharing information and keeping changes under review.
 
Failure to comply with the Code will not give rise to a standalone claim. However, where an employer fails to take the Code into account, an employment tribunal will have the power to apply an uplift of up to 25% to compensation awarded in a relevant claim such as unfair dismissal.