The IER Podcast

Fire and Rehire: Labour's Broken Promise?

The IER Podcast

Show Notes

Unmasking the weaknesses in Labour's plan to tackle fire and rehire and zero-hours contracts. "This is not ending fire and rehire, this is facilitating fire and rehire." - Professor Keith Ewing In this episode of the Institute of Employment Rights podcast, we delve into the Labour Party's proposed Employment Rights Bill with labour law experts Professor Keith Ewing and Neil Todd.

Topics discussed: Zero-hours contracts: Do the bill's provisions offer genuine job security and prevent exploitation for workers on these contracts? Fire and rehire: Does the bill truly ban this practice or does it inadvertently provide a roadmap for employers to continue using it? Loopholes and limitations: Ewing and Todd highlight potential weaknesses in the bill, including vague definitions, limited enforcement mechanisms, and a lack of compensation for workers who lose their jobs due to fire and rehire. International examples: The episode explores how other countries, like Australia, have successfully tackled fire and rehire and what lessons the UK can learn. The role of unions: The experts emphasize the need for stronger unions and greater worker involvement in decision-making processes to prevent exploitative practices.

Key takeaways: While the Employment Rights Bill offers some positive steps, it falls short of providing comprehensive protection for workers. Stronger enforcement mechanisms, clearer definitions, and greater union involvement are crucial to ensure fair labour practices. The UK can learn from international examples to create a more robust and equitable legal framework for workers.

Chapters: 00:35 Welcome 01:28 The Rise of Zero-Hours Contracts: A Backward Step for Workers 12:05 Fire and Rehire: Lessons from the P&O Scandal 18:33 Accountability and Remedy: Where the Bill falls short 22:41 Employment Law Long View: Historical and International Perspectives 29:19 Empowering Unions: The foundation of Workers' Rights Protection 30:00 Thank You

Credits: The IER podcast is sponsored by Thompsons Solicitors. For Thompsons resources and advice on Trade Union law visit thompsonstradeunion.law This podcast is produced for IER by Creative Kin. To find out more, visit creativekin.co.uk/ier Recorded at Creative Kin's London studios. Studio Producer and Editor: Jason Caffrey Theme Music: Daniel Jorgensen

More from The IER Podcast

Sep 10, 2026

A flagship policy of the Starmer Government’s upgrade to workers’ rights was the promise to end the exploitative use of zero-hours contracts. Though these types of casual labour arrangements now referred to as ‘zero-hours contracts’ have been around for a long time, the past decade has seen the labour movement call out employers for abusing the one-sided flexibility of these arrangements, plunging millions into insecurity and low wages.

Aug 24, 2026

For over a decade, Spain's food delivery giants built their business on a the premise that riders were 'collaborators', self-employed and outside the reach of labour law, and responsible for their own risk. That era could now be over for food delivery service riders in Spain. On 15th January 2026, Uber Eats Spain announced it would abandon its hybrid model of employed and self-employed riders in favour of an employees-only structure, following Glovo Spain which made the same move in July 2025. Between them, Spain's two largest platforms have now shifted their entire rider workforce onto contracts of employment, bringing riders fully within the protection of Spanish labour law.

Jun 29, 2026

In accordance with the Employment Rights Act 2025 (ERA), a new Fair Work Agency (FWA) was launched on the 7 April 2026.

Jun 23, 2026

Neil Todd, leading trade union law expert and Partner at Thompsons Solicitors and Carolyn Jones, Senior Vice President of the Institute of Employment Rights (IER), join us for the third episode of Working Life. In this episode, we revisit the detrimental practice of fire and rehire and examine where the Employment Rights Act 2025 ultimately landed after the government's initial pledge to ban the practice outright. We explore where the Act strengthens protections for workers facing attempts to erode their terms and conditions through dismissal and re-engagement, and whether it goes far enough to prevent employers from exploiting potential loopholes. Neil unpacks the new provisions, explaining which contractual changes are covered, the circumstances in which employers may still rely on statutory exceptions, and whether tribunal remedies will provide a sufficient deterrent against unlawful practices. Drawing on lessons from the widely criticised P&O Ferries dismissals in 2022, we ask whether the new framework will genuinely end the misuse of fire and rehire, or simply reshape the calculations employers make when considering it.

May 22, 2026

In the latest episode of ‘Working Life’, IER Chairperson Lord John Hendy KC discusses the right to strike in the UK with Professor Tonia Novitz, a leading academic in labour law at the University of Bristol Centre for Law at Work. She sits on the advisory board of the International Lawyers Assisting Workers (ILAW) and is co-editor of ‘The Right to Strike Reimagined’ (Bloomsbury 2026,) as well as co-author of ‘The Right to Strike in International Law’ (Bloomsbury 2021).

See all episodes →