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Fire and Rehire Tactics — [Esther McVey in the Chair]
15 June 2022
Lead MP
Tan Dhesi
Slough
Lab
Responding Minister
Paul Scully
Tags
EmploymentBusiness & Trade
Word Count: 13592
Other Contributors: 8
At a Glance
Tan Dhesi raised concerns about fire and rehire tactics — [esther mcvey in the chair] in Westminster Hall. A government minister responded.
Key Requests to Government:
The hon. Member Tan Dhesi asks for urgent legislation to outlaw fire and rehire tactics and strengthen workers' rights. He calls on the Government to introduce a Bill that would effectively ban such practices rather than relying on consultations or weak statutory codes.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
The hon. Member Tan Dhesi is concerned about the ongoing use of fire and rehire tactics by employers, affecting workers' rights and job security. He notes that over 15,000 members of the public have signed a petition against this practice. The MP highlights incidents such as P&O Ferries cutting jobs and British Airways threatening long-term employees during the pandemic, which he views as unacceptable.
Warrington North
Ms Nichols highlighted the numerous debates and motions aimed at banning fire and rehire tactics, which have been ignored by the Government. She argued that voluntarism does not work as an approach and called for legislation to protect workers from employers who threaten worse conditions or dismissal. She cited examples of widespread use of fire and rehire during and after the pandemic and its impact on worker loyalty and morale. Nichols questioned whether this practice contributes to the productivity gap in the UK and urged the Government to ban fire and rehire to align with its levelling-up agenda.
Chris Stephens
Con
Glasgow South West
Stephens observed that the current government's approach towards trade unions is confrontational rather than cooperative, which he perceives as a fundamental issue. The MP expressed disappointment at the lack of Government Back Bencher contributions, highlighted the long-standing issue of fire and rehire, criticized P&O Ferries' firing of staff via Zoom, and urged for an emergency Bill to address this practice. He also mentioned the impact on occupational pensions and worker protections, emphasizing that the UK is lagging behind Europe in these areas. Asked the Minister to clarify whether employers can legally dismiss and re-engage during negotiations, pointing out inconsistencies in the Government's position.
Bury South
Wakeford suggested that attempting to expedite fire and rehire practices could coincide poorly with political challenges, potentially leading to negative consequences for all involved. Christian Wakeford condemned the practice of fire and rehire as unfair and detrimental to workers' rights. He criticised the lack of legislation against this practice, pointing out economic inefficiencies and increased social security claims due to lower wages. The hon. Member questions the effectiveness of stronger regulation and guidance, citing the P&O case where the CEO admitted to breaking the law despite existing regulations. Pressed the Minister for a timeline regarding an employment Bill or improvements in employment rights.
David Linden
Lab
Glasgow East
David Linden acknowledged the constructive work with ministers on neonatal leave and pay but expressed concern over the lack of an employment Bill, particularly given the change in workers' rights. He highlighted companies like P&O, British Airways, Asda employing fire and rehire tactics and cited a book by government officials suggesting a negative view towards worker's rights. Reflecting on the ethical implications, David Linden suggests that parliamentary staff would reject 'fire and rehire' tactics involving reduced pay and benefits, implying a moral stance against such practices. Mr Linden intervened to argue that poor employment rights can push workers into precarious self-employment without basic protections like pensions or sick pay. He called for a comprehensive package including the banning of fire and rehire in an updated employment Bill. I agree with the hon. Gentleman that workplace insecurity is a significant issue, highlighted by the lack of an employment Bill from the Government. Inquired about the data available on the frequency of fire and rehire practices, suggesting that more cases may be occurring due to companies seeing others getting away with it.
Jim Shannon
DUP
Strangford
He highlighted the issue of workers being laid off by P&O and the subsequent replacement with staff who were not as knowledgeable about health and safety issues on ferries. Mr Shannon expressed deep concern about the fire and rehire tactic used by employers during the pandemic, citing incidents at P&O Ferries where employees were unfairly dismissed. He highlighted a survey revealing that 9% of workers had been asked to reapply for their jobs on worse terms since March 2020. Mr Shannon also mentioned British Gas engineers staging strikes due to threats of dismissal if they did not accept changes in their employment conditions. Noted that companies like P&O Ferries and British Gas had used fire and rehire tactics wrongly and asked what the Minister would do to protect workers from such practices.
Justin Madders
Lab
Ellesmere Port and Bromborough
The MP highlighted the misuse of fire and rehire tactics, emphasizing the need for legislative action to address this issue. He criticized the Government's lack of ambition in tackling employment rights, praising his party's green paper on employment rights as a transformative document that contrasts sharply with the current Government's approach. The MP also noted instances of companies using fire and rehire unfairly, citing examples like P&O, British Airways, Sainsbury's, and Weetabix. He raised concerns about the imbalance in workplace settlements that favor employers over employees, and called for stronger employment protections to end injustices such as significant pay cuts without just cause. Asked for an update on criminal prosecutions related to fire and rehire tactics.
Mick Whitley
Lab
Crewe and Nantwich
Mr Whitley declared his interest as a lifelong trade unionist and criticised the current government's stance on fire and rehire, stating that it is unscrupulous and uncaring towards workers. He highlighted an incident involving 130 workers at Wabtec who were threatened with fire and rehire in February. He also pointed out public opinion polls showing a majority of people, including Conservative voters, support making fire and rehire illegal.
Nia Griffith
Lab
Llanelli
Security at work is fundamental to workforce productivity and stable communities. Fire and rehire tactics cause stress, mental health issues, and job insecurity. The casualisation of the workplace affects young people setting out in life and can lead to self-employment or agency work with poor conditions. There are 3 million workers who have been told to reapply for their jobs, adding to the existing precarious employment situations. Stressed that legislation is needed to counteract the misuse of fire and rehire tactics by businesses, regardless of whether it makes logical sense.
Government Response
Paul Scully
Government Response
The Government have been clear that fire and rehire should not be used as a negotiation tactic. A statutory code of practice on dismissal and re-engagement will be introduced to deter employers from cutting corners. The minister addressed the P&O Ferries case, stating that the dismissals were unacceptable and breaking employment law. He also mentioned ongoing investigations by the Insolvency Service into P&O Ferries' actions. ACAS guidance was published in 2021 to ensure employers are clear on their responsibilities when considering changes to employment contracts. The minister highlighted plans for public consultation on the statutory code, aiming to eliminate egregious instances of fire and rehire.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.