Assembly Written Question 17614/17-22

To ask the Minister for the Economy whether she will bring forward legislation to ban the practice of fire and rehire in Northern Ireland.

Answer: As Minister with responsibility for employment, I remain active in protecting those immediately affected by the pandemic.

In this regard, I have already introduced legislation to: ensure that statutory entitlements connected with redundancy or the termination of employment are based on normal pay, rather than furlough pay; allow workers who were unable to take holiday leave as a result of the Covid-19 outbreak to carry over their annual leave into the next two leave years; and extend protections against detriment to all workers in relation to any action they may take to protect themselves or others where they reasonably believe there is serious and imminent danger. Currently this health and safety protection is afforded only to employees.

I am also pleased to have been able to make progress towards the introduction of Parental Bereavement Leave and Pay in NI, an important new employment right for those parents in work who suffer the loss of a child. This will be the only piece of employment related primary legislation I will have time to introduce during this mandate. Nonetheless, I would caution any employer considering giving notice and offering a new contract with revised terms - effectively ‘firing and rehiring’ the employee. There are still statutory processes to follow. The employer must follow a statutory minimum dismissal procedure. They may have to follow a collective redundancy consultation process if a group of employees is involved.

I would encourage all employers considering changing terms and conditions of employment for staff to consult their staff or their representatives to explain the reasons for their plan and to listen to alternative ideas. Any employees who believe they have been unfairly dismissed from the original contract may be able to complain to an Industrial Tribunal providing they have at least one year's continuous service with their employer. Employees may also be able to claim redundancy if they have at least two years’ service.

Anyone who finds themselves in this position may wish to consider contacting the Labour Relations Agency - Workplace Information Service on 03300 555 300 for confidential and impartial information.

In addition, the Law Centre NI provides free, independent, specialist legal advice (subject to capacity) on employment rights. The Law Centre can be contacted on their advice line on 028 9024 4401 or by email: employmentadvice@lawcentreni.org.

Further information may be found at https://www.nidirect.gov.uk/articles/changes-employment-conditions