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Employment law weekly highlights: Tesco ‘fire and rehire’ injunction; PGMOL status for tax; disability WFH adjustment; GDPR transfers fine; tips code; REUL/CPR changes—19 September 2024

Published on: 19 September 2024

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Employment contract

Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms.

In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman and Joanne Bell of DAC Beachcroft; and Charlotte Gunn of Stevens & Bolton. See: LNB News 12/09/2024 80, [2024] All ER (D) 24 (Sep) and Employment weekly highlights—12 September 2024—Employment contract...

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