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Retail Giant, Tesco, cannot fire and rehire… Can you?
The Supreme Court has ruled that Tesco cannot fire and rehire employees on less favourable terms. The decision, made in Tesco Stores v Union of Shop, Distributive and Allied Workers [2024] UKSC 28, blocks Tesco from dismissing staff to reoffer them positions without their enhanced pay. The Court, led by Lord Reed, found that allowing such dismissals would undermine the original contract’s purpose. While this ruling enforces contractual intentions, it does not eliminate the fire-and-rehire practice, which can still be used legally if done fairly.