Statutory guidance

Dismissal and re-engagement: code of practice

Guidance for employers, employees and their representatives in dismissal and re-engagement scenarios.

• From: Department for Business, Innovation, Science and Trade and Department for Business and Trade
• Published: 18 July 2024
• Last updated: 30 July 2024
  Show all updates

  1. 30 July 2024

     In section 52 a sentence was previously omitted in error: "The employer should ensure that the only terms which are changed are those which have been subject to the information-sharing and consultation process, and should not use this as an opportunity to make any further changes." Other minor amendments have been made throughout the document.

  2. 18 July 2024

     First published.

Applies to England, Scotland and Wales

Documents

Code of practice on dismissal and re-engagement issued by the Secretary of State under section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992 (HTML version)

HTML

Code of practice on dismissal and re-engagement issued by the Secretary of State under section 203 of the Trade Union and Labour Relations (Consolidation) Act 1992 (PDF version)

PDF, 277 KB, 14 pages

This file may not be suitable for users of assistive technology.

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.

Details

The practice of dismissing and re-engaging employees – sometimes referred to as fire and rehire – as a means of changing their terms and conditions of employment can cause conflict between employers, employees and trade unions.

The code sets out employers’ responsibilities when seeking to change contractual terms and conditions of employment and seeks to ensure dismissal and re-engagement is only used as a last resort.

Employment tribunals have the power to apply an uplift of 25% of an employee’s compensation if an employer unreasonably fails to comply with the code where it applies.