What just happened?

Under the cover of Covid-19, more and more employers are stripping workers of their rights in Britain, with the lowest paid workers facing the worst treatment.

What does this mean?

A main issue is ‘fire and rehire’, the idea that if workers are rejecting a modification of their terms of employment, such as increased hours, they will be fired and replaced. According to Labour’s shadow secretary Andy McDonald, “fire and rehire is spreading like wildfire”. [1]

According to a survey of 2,231 workers across England and Wales, almost one in 10 individuals since the first lockdown in March 2020,[2] had been told to reapply for their jobs on worse terms and conditions or they would be fired. This seems to be particularly bad for younger workers, where nearly a fifth of 18–24-year-olds said, ‘their employer had tried to rehire them on inferior terms during the pandemic’.[3]

The final result of the TUC study found that nearly a quarter of workers involved experienced a downgrade of their employment terms during the pandemic, be it through reduced pay or changes to their hours.

How does this impact the legal sector?

Employers across the board have been mistreating employees via the fire and rehire system with British Gas, Tesco, and Network Rail among the most notable. This fire and rehire system is brutal in the current pandemic, with more and more people in difficult financial situations, and therefore left with no choice but to either take or retain whatever employment they can. This means that when they face the position of longer hours, worse contracts and lower pay versus no employment at all, they are forced to take the former, no matter the consequences.

As a result, some organisations are calling on the government to fast track a delayed employment bill[4] that is designed to stop employers using fire and rehire to diminish their employee’s terms and conditions of employment.

The employment bill proposes a multitude of other measures, including the introduction of a “single labour market enforcement body to ensure that vulnerable workers are better informed of their rights”.[5] Also, it proposes a new right to “request a more predictable and stable contract after 26 weeks work”,'[6] this is aimed at those employed on unpredictable contracts, such as zero-hour employees.

Therefore, the Employment Bill could potentially help to protect vulnerable employees and prevent their rights being abused, especially during difficult times such as the current pandemic. With commentators noting that ‘In many ways, the pandemic has exposed a country going backwards.’[7] However, whilst the Employment Bill was announced in December 2019, it has been delayed so much so that as of April 2021, there is still no sign of it. This is concerning, as it contains much needed changes and protection, and it is imperative that workers are protected throughout the remainder of the pandemic. If the bill is delayed much more, it may mean that even more vulnerable workers end up in worse working conditions with no choice but to continue.

The law must step in here, and the signing away of rights should be banned. Whether it’s through the bill mentioned or other means, at a time where workers are most vulnerable, it feels criminal that employers are allowed to treat their workers this way. If anything, at this very difficult time, they should be putting extra provisions in place to help and protect their workers, not force their hand to make their employment situation worse.

Written by Lucy Stone

References:

1 Polly Toynbee ‘Under cover of Covid, British workers’ rights are being silently stripped away’ (The Guardian, 30th March 2021) <www.theguardian.com/commentisfree/2021/mar/30/covid-british-workers-rights-stripped-away-fire-and-rehire-employers> accessed 21st April 2021

2 Lauren Brown, ‘One in 10 workers told to reapply for their jobs on worse terms, TUC reveals’ (People Management, 25th Jan 2021) <www.peoplemanagement.co.uk/news/articles/one-in-10-workers-told-to-reapply-for-their-jobs-on-worse-terms#gref> accessed 21st April 2021

3 Ibid

4 Sarah Ozanne ‘Employment reforms proposed in the Queen’s Speech’ (People Management, 16th Jan 2020) < www.peoplemanagement.co.uk/experts/legal/employment-reforms-proposed-queens-speech#gref> accessed 21 April 2021

5 Liz Stevens, ‘Employment law: what to expect in 2021 and beyond’ (The Gazette, 4th March 2021)<www.thegazette.co.uk/companies/content/103851> accessed 21st April 2021

6 Ibid

7 Ibid [n1]

Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.