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Consultation outcome

Make Work Pay: fire and rehire – changes to expenses, benefits, and shift patterns

Applies to England, Scotland and Wales

This consultation has concluded

Read the full outcome

Consultation on fire and rehire: changes to expenses, benefits and shift patterns – government response

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Detail of outcome

The government has published its response to the consultation on the scope of restricted variations under the Employment Rights Act 2025.

The consultation received 121 responses, which have informed the government’s approach.

The government response sets out the decisions made following the consultation and outlines the next steps for implementing the proposed regulations.

Following consideration of the consultation responses, the government will introduce regulations to exclude expenses and benefits in kind from the scope of restricted variations, except for certain travel and accommodation expenses and benefits.

The regulations will also include changes to shift patterns between day and night working, and weekday and weekend working within the scope of restricted variations.

The government intends to legislate when parliamentary time allows, with the aim of bringing the regulations into force alongside the Employment Rights Act 2025’s fire and rehire protections in March 2027.


Original consultation

Summary

We are seeking views on 2 proposed changes to fire and rehire protections in relation to benefits and expenses, and to shift patterns.

This consultation ran from
to

Consultation description

Fire and rehire refers to the process of an employer dismissing an employee and then re-employing them (or someone else) under a new contract, usually with less favourable terms and conditions.

The Employment Rights Act 2025 will introduce new protections to prevent unscrupulous fire and rehire practices. The government wants to ensure the rules are fair for both employees and employers. The act will, once commenced, make it an automatic unfair dismissal where an employee is dismissed or replaced in order to make changes to core terms in their employment contract (protected as ‘restricted variations’).

The government is consulting on 2 types of restricted variations in relation to fire and rehire:

  • employment expenses and benefits
  • shift patterns

The government is asking for feedback on which expenses, benefits, and shift changes should be covered by these protections. The aim is to protect employees from negative changes to their employment contracts, while still letting businesses adapt when needed.

These proposals will need approval from Parliament before taking effect.

The government is seeking responses from all interested parties.

Documents

Consultation on fire and rehire: changes to expenses, benefits and shift patterns

Request an accessible format
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email digital@businessandtrade.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

Fire and rehire: options assessment

Request an accessible format
If you use assistive technology (such as a screen reader) and need a version of this document in a more accessible format, please email digital@businessandtrade.gov.uk. Please tell us what format you need. It will help us if you say what assistive technology you use.

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