Fire & Re-hire – the Decision in USDAW v Tesco plc.
Published on: 17/11/2022
Article Authors The main content of this article was provided by the following authors.
Seamus McGranaghan Director – Commercial, Education, Employment & Licensing, O'Reilly Stewart Solicitors
Seamus McGranaghan Director – Commercial, Education, Employment & Licensing, O'Reilly Stewart Solicitors
Seamus mcgranaghan 2021
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Seamus McGranaghan qualified as a Solicitor in O'Reilly Stewart Solicitors in 2003 and is an experienced Commercial Lawyer dealing with employment, commercial and education cases.

He has experience in the Industrial Tribunal representing both Claimants and Respondents and has provided seminars in relation to particular areas of employment law. Seamus is the only member of the Education and Law Association in Northern Ireland. He specialises in advising schools and colleges on policy matters, employment issues and student welfare. He is also responsible for the Education Law Quarterly Review.

In addition to having contributed at Legal Island’s Education Updates since 2010, Seamus in association with Legal Island provides a live “Employment Law @ 11” webinar on the first Friday of each month, dealing with all aspects of Employment law affecting Northern Irish employers.

So if we move on our Tesco v Usdaw, this has been a bit of an on-going saga. We've had decisions for and against, and it seems to be just take it in turn really who wins on this one. And it's set to continue. So can you remind us what's been going on with this case so far?

Seamus: Yeah. Well, this case is really in and around this aspect of fire and rehire. Fire and rehire is an accepted position that's contained in a number of policies and procedures and codes of conduct within Labour Relations Agency as well. There are some aspects of fire and rehire there.

But essentially, in 2007, we're going back a long time

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Disclaimer 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. This article is correct at 17/11/2022