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Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

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Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

A new statutory Code of Practice concerning certain controversial dismissal tactics will, the Department for Business and Trade (DBT) argues, protect workers’ rights whilst respecting business flexibility.

Dismissal and re-engagement, also known as ‘fire and rehire’, refers to when an employer sacks an employee and then offers them a new contract on new, often less favourable, terms.

Business Minister Kevin Hollinrake said: “Our new Code will crack down on employers mistreating employees and sets out how they should behave when changing an employee’s contract.”

It will, he went on, make clear how employers must behave in this area and help to preserve security and opportunity for those in work.

A consultation on a draft statutory Code that sets out employers’ responsibilities when seeking to change employment terms and conditions ran from 24 January to 18 April 2023.

The Government has now published its response to the 50 replies it received to that consultation. This can be found at https://www.gov.uk/government/consultations/draft-code-of-practice-on-dismissal-and-re-engagement together with an updated draft statutory Code on dismissal and re-engagement.

This has been laid in Parliament for approval by both Houses and, subject to that approval, it will be brought into effect later in the summer.

Employment tribunals will have the power to apply an uplift of up to 25% of an employee’s compensation if an employer unreasonably fails to comply with the Code.

Head of Public Policy at the Chartered Institute of Personnel and Development (CIPD), Ben Willmott, said: “The Code promotes good practice, making clear employers should always seek to agree any changes to terms and conditions with employees and that ‘fire and rehire’ should only be used as an absolute last resort. It highlights the importance of early and meaningful consultation with employees to maximise the chances of finding alternative solutions which can lead to agreement over proposed changes.”

HRInform – 20-02-24

Our HR Comments: – Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

Matthew Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “The updated draft of the Code for dismissal and re-engagement is an interesting read following the feedback received with the power to award a 25% uplift should an employer not follow the Code.  The link provided within this article links to the draft code and the history behind ‘fire and rehire’ and I do not find anything new and should be what any reasonable employer would be following resulting in the correct and legal outcome for the employee(s) involved.  Good constructive consultation is key as with all HR and management in general, to ensure a suitable outcome for the member(s) of the team, management and business in general.  At Consensus HR, we work with our clients to ensure that any amendments proposed are managed professionally and to best practice.”

Government takes action against ‘fire and rehire’ practices | Consensus HR – Herts, Beds

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Fire Alarm

Fire Alarm – when was yours last checked?

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Hilton Foods Solutions Ltd v Wright - Parental leave: Detriment for seeking to take | Consensus HR | Herts, Beds

Helen Watson, HR Advisor at Consensus HR comments on Fire Alarm – when was yours last checked? “What a lovely day for a fire alarm, I was glad it was dry, unlike the last few days!  I wonder when the last time was you checked your fire evacuation procedures?

Fire preventions is so important to businesses of all sizes, why do you need to carry out fire drills?

It is the law – Under the Regulatory Reform (Fire Safety) Order 2005, the responsible person has a legal duty to provide procedures for serious and imminent danger (Article 15). They must support these procedures by providing appropriate training and instruction, which includes fire drills. Carrying out regular fire drills will ensure compliance with fire safety laws. We recommend that fire drills are carried out every 6 months.”

Fire Alarm – when was yours last checked?

When did you last check your fire safety procedures?  We had a fire drill this morning at the BTC, all went well and it ran very smoothly.  But when did you last check your businesses fire alarm and evacuation process?

The HSE recommends you consider how you will protect people if there is a fire.

  • Carry out a fire safety risk assessment
  • Keep sources of ignition and flammable substances apart
  • Avoid accidental fires, eg make sure heaters cannot be knocked over
  • Ensure good housekeeping at all times, eg avoid build-up of rubbish that could burn
  • Consider how to detect fires and how to warn people quickly if they start, eg installing smoke alarms and fire alarms or bells
  • Have the correct fire-fighting equipment for putting a fire out quickly
  • Keep fire exits and escape routes clearly marked and unobstructed at all times
  • Ensure your workers receive appropriate training on procedures they need to follow, including fire drills
  • Review and update your risk assessment regularly

At Consensus HR we can provide training for new staff or exiting employees on the basics of Health and Safety.  We also can provide your company with a Health and Safety Handbook, to give you all your employees.

Have you had anyone leave recently?  Were they a fire marshal or first aider?  Remember to allocate the right number of fire marshals and fire aiders, ensuring that they have the right training for their role.

 

Fire Alarm – when was yours last checked?

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Do you need to refresh your Health and Safety training? Do you need to send a Health and Safety Handbook to all your employees? Give us a call today.
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Health & Safety

£600,000 fine for building contractor after fire risk failings

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£600,000 fine for building contractor

A £600,000 fine for building contractor has taken place with its director being ordered to complete 100 hours of unpaid work and fined £4,200 following serious and repeated failings in managing the risk of fire during work at a construction site.

In January 2018 the Health and Safety Executive (HSE) undertook a proactive inspection to investigate health and safety failings by S&S Quality Building Contractors Limited at a construction site at Regent House, Brentwood, Essex after a concern was raised that people were sleeping on site.

The subsequent HSE investigation, which was assisted by Essex Fire & Rescue Service, identified failings in fire management at the site which created risks to workers and members of the public who were visiting show flats outside of business hours.

The environment at Regent House was poorly managed and the construction work was being carried out in an unsafe manner which could have resulted in a fire.

S&S Quality Building Contractors had previously been subject to HSE interventions after risks of a fire had been identified across a number of sites over several years. Evidence gathered during the proactive HSE investigation indicated that the company director Shlomo Pines regularly attended the Regent House site and failed to implement improvements from previous HSE interventions.

S&S Quality Building Contractors Limited of Hawthorn Business Park, Granville Road, London, pleaded guilty to breaching 3(1) of the Health and Safety at Work etc Act 1974. The company was fined £600,000 and ordered to pay costs of £36,894 at Basildon Crown Court on 25 October 2022.

Company director Shlomo Pines, of St. Johns Road, Golders Green, London pleaded guilty to contravening Section 37 of the Health and Safety at Work etc Act 1974. He received a community order to complete 100 hours of unpaid work and was fined £4,200.

After the hearing, HSE Inspector Prentiss Clarke-Jones said: “S&S Quality Building Contractors Limited completely ignored the importance of fire safety measures on a construction site led by a director who wilfully chose to ignore the risks despite evidence he knew how to make things safe. This unsurprisingly resulted in a site where risks were also ignored by his workers.

“Follow the guidance, get competent advice and take responsibility that the law requires at the very least, or someone may get hurt, which thankfully did not eventuate here.”

Matthew, Owner of Consensus HR comments: “All employees should be taught basic Health & Safety at Induction and talked through the Health & Safety Policy and Health & Safety at Work Act 1974 and their responsibilities in relation to this and business owners must take ownership of the managing of this.  Too many times, Health & Safety is seen as an hindrance and tick box exercise but failure can result in severe consequences to a persons health. We ensure all our clients have access to the relevant Health & Safety Policies & Procedures and support / development in implementing and managing these.”

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