Employment Contracts · glossary
Dismissing staff who refuse a change to their terms, then offering them their job back on the new terms. The Employment Rights Act 2025 curbs it from January 2027, if the timetable holds. Dismissal for refusing a restricted variation then becomes automatically unfair. Chapter 9 · see Restricted variation, Automatically unfair dismissal
Explained in Chapter 9, Changing the Contract: Variation and the Fire-and-Rehire Rules, of Employment Contracts.
Fire and rehire means dismissing staff who refuse a change to their terms, then offering them their job back on the new terms. The Employment Rights Act 2025 curbs it by adding section 104I to the 1996 Act. Under that section, dismissing an employee for refusing a restricted variation is automatically unfair dismissal (unfair however reasonably the employer acted). No minimum service is needed, so the rule protects Esme from her first day.Read Chapter 9, Changing the Contract: Variation and the Fire-and-Rehire Rules →
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