| Commentary

(b) Fire and rehire

| Commentary

(b)     Fire and rehire

The second tactic is 'fire and re-hire', ie to serve the necessary notice on the staff to terminate their current contracts and then to re-hire them immediately on the new terms and conditions. In management-speak this is sometimes shortened to 'giving them notice of the changes' but unless the contract itself contains an exceptionally clear clause permitting this, it is submitted that it is a misunderstanding of the legal position which technically requires notice of dismissal. There may of course be an initial problem as to the length of that notice (where individual employees are contractually entitled to different periods of notice because of their service), but if one accepts that 'proper' notice has been given the initial conclusion must be that this tactic will work to alter the terms and conditions of employment. At least, it will work at common law, on ordinary

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