AQW 1138/22-27

Mr John Blair
Alliance Party
South Antrim

Tabled Date: 08/06/2022
Answered On Date: 20/06/2022
Priority Written: No

Question:
To ask the Minister for the Economy what plans he has to bring forward legislative proposals to prevent companies from fire and rehire practices.

Answer:

The Member will recall that in my statement to the Assembly on 21st March, I expressed my deep anger and concern at the recent redundancies made by P&O Ferries.

To ensure there is not a systemic issue, I will be looking closely at fire-and-rehire practices; however, there is no immediate suggestion that this practice is regularly happening in Northern Ireland.

My officials will also liaise with counterpart in BEIS regarding proposals in GB for a statutory Code of Conduct on Fire and Rehire.

Nonetheless, I would caution any employer considering giving notice and offering a new contract with revised terms - effectively ‘firing and rehiring’ an employee. There are statutory processes which must be followed, including statutory minimum dismissal procedures and the need for an employer to follow a collective redundancy consultation process if a group of employees is involved.

I would encourage all employers considering changing terms and conditions of employment for staff to consult their staff or their representatives to explain the reasons for their plan and to listen to alternative ideas.

Any employees who believe they have been unfairly dismissed from their original contract may be able to complain to an Industrial Tribunal providing they have at least one year's continuous service with their employer. Employees may also be able to claim redundancy if they have at least two years’ service.

Anyone who finds themselves in this position may wish to consider contacting the Labour Relations Agency - Workplace Information Service on 03300 555 300 for confidential and impartial information.

In addition, the Law Centre NI provides free, independent, specialist legal advice (subject to capacity) on employment rights issues. The Law Centre can be contacted on their advice line on 028 9024 4401 or by email: employmentadvice@lawcentreni.org .

Further information may be found at

https://www.nidirect.gov.uk/articles/changes-employment-conditions