Usdaw victory at Court of Session blocks Tesco ‘fire and rehire’ tactic

The judgment, which applies to the Livingston site only, means that Tesco is legally prohibited from unilaterally withdrawing entitlement to retained pay and/or terminating the contract in order to re-engage the worker on new terms which do not include retained pay.

Joanne McGuinness, Usdaw national officer, said: “We are very pleased to have secured this victory for our members who faced a huge cut in wages after Tesco moved to renege on a longstanding collective agreement made in good faith. It is a major victory in the fight against ‘fire and rehire’ tactics, which are now being used by too many businesses.

“The court delivered a temporary prohibition and we are now calling on the company to honour the judgment and withdraw its plans at all sites. We stand ready to seek a permanent interdict for Livingston and a High Court injunction for the other sites to defend this unfair pay cut for hundreds of key workers.

“Tesco can stop this now, by doing the right thing and withdrawing their threat to these longstanding staff, who have worked throughout the pandemic to keep stores stocked with the essential items we all rely on.”