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USDAW win Fire and Re-hire case

Started by The Guvnor, 06-02-22, 03:43PM

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The Guvnor

USDAW wins High Court case against Tesco's unfair fire and rehire tactics.

Retail trade union USDAW represented by social justice law firm Thompsons solicitors have succeeded in a claim against Tesco in a High Court battle, which protects its workers from unfair fire and rehire tactics.

USDAW brought the case on behalf of 42 workers employed by the supermarket giant in its Daventry and Lichfield distribution centres. The group faced having their wages cut as part of a change to their terms and conditions of employment by Tesco.

Today's High Court ruling will prevent the supermarket's 'fire and rehire' practice in this case where it had sought to lay people off and re-employ them on new contracts, with less favourable terms and conditions in England.

The Court noted that the 42 workers had been guaranteed an entitlement to a specific payment labelled 'retained pay' to keep them within the business, which Tesco intended to remove by firing and then rehiring them. The judge held that there was an implied term in the workers' contracts that the right to terminate employment could not be exercised if the aim was to remove a right to 'retained pay.

Neil Todd, a trade union specialist at Thompsons Solicitors, said "This is a huge win for the workers and for USDAW. The practice of firing and re-hiring staff on less favourable terms and conditions has been in widespread use over the last 18 months as employers try to erode rights that have been hard fought for and are there to protect some of the lowest paid in society".

Tesco had made unequivocal commitments to its workers who had come into work throughout the lockdown, when it needed them most. The court agreed that, in those circumstances, it wasn't then open to them to deploy fire and rehire tactics when it suited them.

"We are proud to have represented a trade union in taking on corporate giants who use fire and rehire tactics against the staff who have served them so loyally."

This isn't the first fire and rehire crisis that has embroiled Tesco. Its workers in Scotland have already secured an injunction, pending a full trial, on the same proposal.

Joanne McGuinness - USDAW National Officer added: "Companies are more frequently resorting to using fire and re-hire tactics when they want to reduce employees terms and conditions of employment. Rather than reaching an agreement with the employees or their Union, they simply threaten the employees with termination of their contracts, leaving them with an impossible choice."

In this case, in or around 2007, Tesco was beginning a vital distribution expansion programme and there fore to ensure that valued members of staff agreed to transfer location to new distribution sites, Tesco made assurances that those staff would retain the difference between their existing package and the new terms and conditions they would move to at those new sites.

Importantly they assured USDAW that this would not be removed at a future date. Despite this, some 14 years later, Tesco reneged on its promises and sought to buy out this retained pay and threatened its employees with dismissal if they did not sign up to a new contract without the retained pay element. Tesco refused to negotiate with USDAW who were left with no option but to seek a legal solution so as to protect its members pay.

Copied from USDAW. Well Done to all those who have been involved in this case and thank you to everyone for all the hard work.

The Guvnor

Dungivnatoss

Doris Stokes

Big Chief Pinocchio, John Allan, popped out of the, undoubtedly toasty, Smile Building, today, to tell the BBC that people having to choose between heating and eating 'troubles' the Tesco board.

Not troubled enough to reintroduce Ocado's results into Dave Lewis's bonus calculator, and stop trying to renege on long standing contracts, though.


Hammer10

My answer to that is stop putting prices up d someone needs to make a stand if one takes a stand then others will have to follow else lose customers same if we all decided to switch off our electricity for 12 hours freezers and fridges will hold if you plan your meals and eat a big meal before you switch off ,if everyone did it at the same time a few weeks on the trot maybe the energy companies will realise we don't need them.

lucgeo

Give USDAW their dues...they didn't roll over this time! Maybe now they've smelt the blood of victory, they'll dust off the boxing gloves  :thumbup:
Live for today. Learn from yesterday.

OvaSees

#4
Quote from: Hammer10 on 06-02-22, 10:43PM
My answer to that is stop putting prices up d someone needs to make a stand if one takes a stand then others will have to follow else lose customers same if we all decided to switch off our electricity for 12 hours freezers and fridges will hold if you plan your meals and eat a big meal before you switch off ,if everyone did it at the same time a few weeks on the trot maybe the energy companies will realise we don't need them.
Flawed thinking in todays world unfortunately. People have been taking numerous steps to mitigate rising energy prices for years - timers on sockets, completely switching things off at the mains when not in use, cavity wall and loft insulation, double/triple glazing, more energy efficient lighbulbs and devices, lowering heating system temperatures, reducing and restricting usage, the list is endless - only to find that the energy companies simply put up their prices to compensate for any resultant fall in revenue meaning that despite everything people have been doing they are now paying more than ever and as a bonus the planet apparently is still in a dire state and still needs saving with more of their money.

Same with food. You have to have these things, so competition no longer works for the customer as somebody somewhere will still sell it and the customer will have to pay their price. It's a cartel that capitalises on necessity for the benefit of shareholders and the source of the problem lies in successive governments fiscal policy over the last few decades from both sides.

NightAndDay

The principle is how it works in some markets, but not energy and gas, Ofgem restricts how much they can charge the customer per unit, it's not a good time to be a utility company right now, all are operating at a loss due to not being able to pass on the wholesale price of gas.

If it worked the way you suggested, half of all small-medium energy suppliers wouldn't be at imminent high risk of entering administration.

VladPutin

Quote from: lucgeo on 09-02-22, 05:49PM
Give USDAW their dues...they didn't roll over this time! Maybe now they've smelt the blood of victory, they'll dust off the boxing gloves  :thumbup:

Agreed. I'm not a fan of USDAW, but credit where it's due in this instance. Bloody well done. 8)

chris9997

it does seem odd that usdaw in tesco stores successes that effect large numbers of workers NONE ( dont believe that pay rises that have been won we would have not got anyway )
warehouse usdaw 5-6% pay rise and the fire and rehire case won.
Some years ago usdaw stated that they were fighting for all staff to get a fair and equal bank holiday payment, i assumed that it was to bring everyone to this same enhanced level instead everyone was put on time and a quarter i would not call that a success.

lackofinterest

Quote from: chris9997 on 14-02-22, 12:36PM
it does seem odd that usdaw in tesco stores successes that effect large numbers of workers NONE ( dont believe that pay rises that have been won we would have not got anyway )
warehouse usdaw 5-6% pay rise and the fire and rehire case won.
Some years ago usdaw stated that they were fighting for all staff to get a fair and equal bank holiday payment, i assumed that it was to bring everyone to this same enhanced level instead everyone was put on time and a quarter i would not call that a success.

usdaw don't help store staff because of the partnership agreement. them who voted for that back in the day must be out of their minds. bet they regret it now if theyre still there!

lucgeo

#9
Quote from: TESLA on 01-03-22, 02:57PM
£2 is a rip off. How much does it cost to run a forum?

8-) Why do you care...you don't even contribute, yet you will be offered the same support and assistance as those who do donate!

In the years I have been using this site, I have gained such a wealth of knowledge, an enormous lot of support and guidance from more experienced members, whom I've never met!!

A lot of senior managers belittle this site, they call it a forum for whinging losers...why?? Because they know they're being talked about, they know their bosses read this site, and they know there are other managers who also use this site to advise and seek advice.
Not bad for £2 a year eh?
Live for today. Learn from yesterday.

Nomad

#10
Quote from: TESLA on 01-03-22, 02:57PM
£2 is a rip off. How much does it cost to run a forum?

I'm sure you can manage to find that out for yourself, but remember free hosting is not very reliable and does not come with much bandwidth which causes a problem when the poo hits the fan within the company being discussed.

If you want it hosted by a professional company on a reliable server, and kept free of annoying adverts then a not inconsiderable annual amount of money.

Back to topic.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

redeo

Quote from: Doris Stokes on 06-02-22, 04:32PMBig Chief Pinocchio, John Allan, popped out of the, undoubtedly toasty, Smile Building, today, to tell the BBC that people having to choose between heating and eating 'troubles' the Tesco board.

Not troubled enough to reintroduce Ocado's results into Dave Lewis's bonus calculator, and stop trying to renege on long standing contracts, though.


or to cut all my overtime to zero. Which means I'm will be losing 500 quid a month. So much for that pay rise, I will be having close to 50% pay cut if it stays like this, instead of the pathetic pay rise they gave.

Jackwarda

Well, here we go. Speaking personally, I have found that this site, has been a great source of information. Before you shout at me, Yes, I also Found the UNION to be sort of helpful.  But and there is always a BUT!, to be fair, most of the help, advice, support came from people, who I guess have the experience or knowledge.
I have to be honest, what does the £2 fee, offer for people like me, compared to what help we get at moment.
I am in now way criticising the payment at all. If it turns out I would be better off paying for additional help, I would.
However, back to UNION, in a meeting or rep or someone you need, then Rep is a good option, if it is all processed correctly. You cant exactly take VLH in with you!
I do not think people should have a go at the VLH volunteers or people who run the site because of the payment in question.
I treated my brother today to a Large Milkshake today at a very popular restaraunt in the north East. I was rather surprised how much it cost. That could have paid 4 years sub on here.
I think it is a great site indeed. Only thing I would change is bad language used.
In fact if you tell me how to be member I would sign up this weekend, hows that!
So those who are knocking it, please remember, there are people like me who need help and if it wasnt for VLH I would have found myself struggling. I have prepared a very good case, supported with legal evidence, that I gained, in preperation for a return to work. I thank the people who run VLH.
No I have no unpaid/paid or any other connection to VLF, this is how I feel. Thankyou

barafear

Appeal court overturned this decision by the High Court.

grim up north

What's the point of a contract if they can just change it whenever they like

Tesla

#15
Quote from: lucgeo on 01-03-22, 04:23PM
Quote from: TESLA on 01-03-22, 02:57PM£2 is a rip off. How much does it cost to run a forum?

 8-) Why do you care...you don't even contribute, yet you will be offered the same support and assistance as those who do donate!

In the years I have been using this site, I have gained such a wealth of knowledge, an enormous lot of support and guidance from more experienced members, whom I've never met!!

A lot of senior managers belittle this site, they call it a forum for whinging losers...why?? Because they know they're being talked about, they know their bosses read this site, and they know there are other managers who also use this site to advise and seek advice.
Not bad for £2 a year eh?

£2 is a rip off do you really think it costs £10000 a year to run a forum.

Nomad

#16
Info for all members/supporters.

At this moment VLH has 186 supporters who have made a donation,  :o  £10,000.00  ;D   dream on.

PayPal take a percentage of every donation, out of a minimum donation of £2, which is what the vast majority are, VLH gets £1.67.

ALL donations go to the costs of VLH.

The cost of VLH is between 600 & 800 pound a year.

Funds to hand at this present time will cover one more annual renewal, after which there may not be a future for VLH.

VLH was started in 2002 for the benefit of others, the first 8 years were financed personally, as popularity grew so did costs thus donations were sought.

Little or no donations, no VLH.

Back to topic please.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

Jackwarda

I just want to further, state my support of VLH. VLH have given me and I am sure lots of other people, help, support and advice, has shown doors to open for information.
Why knock it and try to put VLH in a negative light.
- If someone is that unhappy with VLH, then why be a member.
- £2 is not a lot of money to pay for a membership! Price of a Packet of Butter Puffs nearly.
- Thanks to VLH I have been able to find sources of information, to prepare for changes in the next 6 months.  Plan accordingly. UNION wasn`t really much help.

I am in a much better place now to tackle things head on.
Keep up the good work VLH

@Nomad - Great work to you and all behind the scenes

londoner83

I second the above post. VLH has provided invaluable information time and again and it would be a shame to lose it.


Nomad

#20
Fire & rehire. "Permanent"  >:(

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Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

Hibobhi

Well that's the last anyone in this company will ever get a redundancy, and when they inevitably get rid of Sunday's premium, they'll fire and rehire...

grim up north

They wont need to fire and rehire in store as the union will agree to it already on your behalf. But distribution are screwed

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