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by Munro Research

Employment (Dismissal and Re-employment) Bill


Official Summary

A Bill to prohibit employers dismissing employees and subsequently re-employing them for the purpose of diminishing the terms and conditions of employment; and for connected purposes.

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Overview

This bill aims to prevent employers from unfairly dismissing employees and then rehiring them on worse terms and conditions. It makes this practice a form of unfair dismissal, offering legal protection to workers.

Description

The Employment (Dismissal and Re-employment) Bill amends the Employment Rights Act 1996. It introduces a new section (105A) which defines "re-employment on less favourable terms and conditions" as unfair dismissal. This includes changes to pay and other aspects of employment, whether or not they're formally part of the contract.

Key Aspects:
  • Unfair Dismissal: Dismissal followed by re-employment with reduced pay, benefits, or other conditions will be considered unfair dismissal.
  • Scope of "Terms and Conditions": This covers pay, benefits, and other employment-related matters, regardless of whether they're written into the contract.
  • Extent: The law applies to England, Wales, and Scotland.
  • Commencement: The Act comes into force 14 days after it is passed.

Government Spending

The bill doesn't directly specify government spending. However, increased legal claims and potential employment tribunal costs could increase government expenditure. No figures are currently available.

Groups Affected

The bill primarily affects:

  • Employees: Provides increased protection against unfair dismissal and exploitation by employers.
  • Employers: Restricts their ability to reduce employment terms and conditions through dismissal and re-employment. May lead to increased legal costs.
  • Employment Tribunals: Potentially increased workload due to new unfair dismissal claims.
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