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Government cracks down on ‘fire and rehire’ practices

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PLANS for a new statutory code will crack down on unscrupulous employers that use controversial dismissal tactics.

Courts to be given power to apply a 25% uplift to an employee’s compensation in certain circumstances if an employer doesn’t follow the new Code.

Business Secretary Grant Shapps: “Our new code will crack down on firms mistreating employees and set out how they should behave when changing an employee’s contract.”
The Government is taking strong action against unscrupulous employers that use the controversial practice of ‘fire and rehire’, it has announced today (Tuesday 24 January).

Last year P&O Ferries deliberately sought to evade the law by sacking 786 seafarers without due consultation. Having made no efforts to inform the Business Secretary at the time, they failed to follow best practice or do the right for their employees. As a result, Grant Shapps, as Transport Secretary at the time, introduced a nine-point plan including primary legislation to tackle these issues.

Through a planned statutory code of practice, the Government is protecting employees and cracking down on employers that use controversial dismissal tactics. The code, subject to a consultation first, will make it explicitly clear to employers that they must not use threats of dismissal to pressurise employees into accepting new terms, and that they should have honest and open-minded discussions with their employees and representatives.

‘Fire and rehire’ refers to when an employer fires an employee and offers them a new contract on new, often less-favourable terms. The government has been clear on its opposition to this practice being used as a negotiating tactic and is now making it clear how it expects employers to behave.

This new statutory code of practice will set out employers’ responsibilities when seeking to change contractual terms and conditions of employment, including that businesses must consult with employees in a fair and transparent way when proposing changes to their employment terms.

Once in force, Courts and Employment Tribunals will be able to take the code into account when considering relevant cases, including unfair dismissal. They will have the power to apply a 25% uplift to an employee’s compensation in certain circumstances if an employer is found to not comply with the statutory code.

Business Secretary Grant Shapps said: “Using fire and rehire as a negotiation tactic is a quick-fire way to damage your reputation as a business. Our new code will crack down on firms mistreating employees and set out how they should behave when changing an employee’s contract.

“We are determined to do all we can to protect and enhance workers’ rights across the country.”

Maritime Minister Baroness Vere said: “We remain committed to protecting seafarers and championing the importance of their welfare. This new code goes one step further to doing just that, helping us ensure employees are treated fairly and employers hold meaningful consultations on any proposed changes to employment terms.

“This forms part of our nine-point plan to reform and improve seafarer welfare and close down any legal loopholes that allow employers to avoid paying them – irrespective of flag or nationality.”

Employers should be deterred from using this controversial tactic and must ensure they do not mistreat employees. If they do, they risk poor relations with their employees, and will open themselves up to the risk of legal claims.

The Government asked the Advisory, Conciliation and Arbitration Service to produce guidance for employers, which was published in 2021. This new Code of Practice shows the Government is going a step further to protect workers across the country, while balancing that with the flexibility that businesses require

 

Business

Main Street Music to close retail shop as owner focuses on handmade guitars

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A POPULAR Pembrokeshire music shop is changing the way it operates, with Main Street Music confirming it will no longer trade as a retail shop from September 1.

The business said there will be an immediate 15% sale on all stock, but stressed that Main Street Music is not disappearing completely.

The owner said the decision had been made “with a heavy heart”, adding that the shop’s closure as a retail outlet would be a loss for Pembrokeshire as the county’s last professional guitar dealership.

He said his long-term passion had always been making musical instruments, something he had done since his teenage years, later receiving scholarships and a fellowship for his studies.

After college, he was given the opportunity to buy the business at the age of 24.

He said: “I have had an amazing time running this shop, giving it everything I’ve got, met some wonderful people and sold some incredible guitars.”

Although the business itself remains successful, he said tighter retail margins, dealership pressures and rising costs had made it difficult to grow in a way that would allow him to employ others and spend more time in the workshop.

The shop will eventually reopen as an appointment-only workshop and showroom for handmade guitars and repairs.

Current repair work will continue on a case-by-case basis by appointment only.

Main Street Music thanked customers for their support over recent years, saying the owner was proud of where the shop had been taken.

Caption:

Main Street Music will close as a retail shop from September 1, but will continue as an appointment-only workshop and showroom for handmade guitars and repairs.

 

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Fishguard and Goodwick Bowls Club set to appeal council’s refusal of signage

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A Pembrokeshire sports club, which was recently refused permission by the council to keep advertising signs which support its activities, is looking to fight that decision.

Earlier this month, in an application refused by Pembrokeshire County Council on the grounds of visual impact, Fishguard & Goodwick Bowls Club sought retrospective permission for up to 36 signs on land close to the town’s Phoenix Centre.

The signs, which the applicants said provide “an important source of revenue for the Fishguard and Goodwick Bowls Club, supporting the ongoing operation and maintenance of local community sporting facilities,” had been in place for some 18 months, being removed ahead of the formal planning application.

Speaking after the refusal, Richard Brind, club captain of Fishguard & Goodwick Bowls Club, said the club had discussed challenging the decision, and had been taking advice from local county councillors about the best potential route, with options including a direct appeal through the Welsh Government’s PEDW (Planning and Environment Decisions Wales).

“We acted in good faith as we believed we had permission from a PCC department to install the signs.

“The irony in all of this is we actually paid PCC to have the signs made by their sign making department (who were the department that told us it would be OK to install the signs on our fence).

“The landlord of the grounds which is PCC have told us that they had no objection to us installing the signs, providing planning is granted.”

Mr Brind added: “I’m disappointed with the way the planning department have handled the process, not the decision, but I do think that was wrong; other sports clubs have signs up in the area, it doesn’t seem right.”

On the financial implication, he said: “Unfortunately, the costs of everything goes up, the costs to maintain the green are not covered by our membership, this year we’re probably going to spend £5,000. The money from the signs was certainly helping to keep the club viable, if we don’t get that money from somewhere, maybe through increased fees; membership would have to go up by a half, from £80 to £120.

“The funding we receive from the ads, it’s not vital but it’s a definite help, losing it would be ‘death from 1,000 cuts,’ money slowly trickling out.”

He finished: “I could understand it if it was an area of outstanding natural beauty rather than a car park, where we are we’ve got Jewsons and a petrol station.”

A spokesman for Pembrokeshire County Council said: “The Local Planning Authority has considered the application in accordance with the Town and Country Planning (Control of Advertisements) Regulations 1992 (as amended), which require due consideration of the impact signage would have on visual amenity and public safety.

“While comments regarding advice the applicant received from other council departments and landowner consent are noted, each application must be determined on its own merits with regard to relevant policy and legislation.

“The Authority recognises the club’s valuable role in the community; however, financial considerations are not material to the assessment of advertisement consent.

“Whilst there is a right of appeal to Planning and Environment Decisions Wales (PEDW), the Local Planning Authority remains willing to engage with the applicant regarding any revised proposals they may wish to present.”

 

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Business

Government backs high street with crackdown on cheap imports

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MINISTERS have announced plans to speed up reforms aimed at helping high street businesses compete with online retailers and overseas sellers.

The Treasury said changes to low-value imports will now be brought forward by six months, with customs duty relief on goods worth £135 or less set to be scrapped from October 2028.

The move is designed to stop online retailers gaining an unfair advantage over shops, pubs, restaurants, hotels and other high street businesses.

At present, many cheaper imported goods can enter the UK without customs duty, a system which ministers say has left traditional retailers at a disadvantage.

The Government is also reviewing how VAT is collected from businesses trading through online marketplaces, amid concerns that some sellers are failing to pay the tax they owe.

The Treasury said revenue raised from tougher VAT enforcement would be used to help improve the business rates system for high street firms.

Dan Tomlinson, Exchequer Secretary to the Treasury, said: “This action tackles the unfair competition and dodgy businesses that are doing real damage to our high streets.

“And by making sure that tax is paid when it’s owed, we can raise revenue to put back into improvements to the business rates system for pubs, restaurants, hotels and other high street businesses.”

The package also includes a consultation on VAT reform for land used in new social housing developments.

Ministers say the change could help speed up the delivery of affordable homes by making the tax system better reflect how social housing schemes are developed.

The Treasury said the measures form part of wider plans to make the UK tax and customs system simpler, fairer and more focused on economic growth.

 

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