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In brief

In a briefing published in PLC Magazine, Jon Tuck and Richard Cook discuss the implications of a recent injunction granted by the High Court to prevent an employer from dismissing and rehiring employees so as to remove an element of contractual pay from their contracts.

  • Although the court made clear that the facts of this case were unusual and extreme, the decision is a stark reminder to employers that they should think carefully about how to communicate any contractual changes or agreements.
  • Given the controversy surrounding the practice of fire and rehire, it is likely that trade unions and employees will cite this case when negotiating changes to terms and conditions, or during any negotiations and consultation in relation to a dismissal and re-engagement process.
  • This article first appeared in the March 2022 issue of PLC Magazine.

Click here to access the full briefing.


Jonathan Tuck is a partner in the Baker McKenzie employment department. Jonathan joined the Firm in June 2012 and completed secondments at Google between March and July 2015 and British Airways between July 2015 and January 2016.


Richard Cook is a Senior Associate in Baker McKenzie London office.


Mandy Li is a Knowledge Lawyer in Baker McKenzie London office.

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