Commentary

(d) Fire and invite to reapply

Division AII Contract of Employment
| Commentary

(d) Fire and invite to reapply

| Commentary

(d)     Fire and invite to reapply

One particularly controversial application of all of this can arise in redundancy cases where the employer 'fires' the whole staff and then 'invites' them to apply for the jobs remaining (possibly their own), then 'rehiring' the successful ones (often with altered terms and conditions). Part of the thinking behind this may be that it avoids having to follow the normal rules on redundancy selection in unfair dismissal law (see DI [1666.01] ff and DI [1724]). There has been surprisingly little case authority on this tactic. It was viewed with disfavour

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