Updated to reflect that the maximum protective award for failure to consult collectively doubles from 6 April 2026, under the Employment Rights Act 2025. The collective consultation duty can apply when an employer proposes to dismiss and re-engage employees to change their contract terms.
The first draft of the Employment Rights Bill was published on 10 October - just ahead of 100 days into the new Labour Government. We take an early look at how HR is reacting to the changes included in the Bill.
In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers and others, the Supreme Court held that there was an implied term in the employment contracts that prevented Tesco from exercising its right to terminate them for the sole purpose of removing the entitlement to enhanced pay.