USDAW v Tesco Stores Ltd [2022]

Posted In: Case Law
  • Decision Number
    EWHC 201
  • Legal Body
    England and Wales High Court (EWHC)
  • Type of Claim / Jurisdiction
    Redundancy, Contracts of Employment, Pay
Issues covered: Fire and Re-Hire; Contractual Terms

The claimant, a trade union and three trade union representatives, brought a claim against the defendant in relation to act of ‘fire and re-hire’.  In 2007, the defendant closed a number of distribution centres and opened new ones.  To retain staff, the defendant offered enhanced payments known as ‘retained pay’ for as long as they remained in their current role.  The statement at the time stated the retained pay was ‘guaranteed for life’ and that it would increase with pay increases. The contract was changed noting that the enhanced pay would only be changed by mutual consent, promotion or a change of working pattern requested by the employee.  

In January 2021,

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This article is correct at 10/02/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email

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