The end of fire and rehire? Navigating ‘restricted variations’

From 1 January 2027, the landscape of UK employment law will undergo a significant shift.

Under the Employment Rights Act 2025, the practice of “fire and rehire” (dismissal and re-engagement) will become automatically unfair in almost all circumstances.

For all employers, particularly SMEs, this is no longer a last-resort tactic. It is a potential legal minefield. If your business relies on contractual flexibility to remain agile, you will need a new roadmap for restructuring, cost control, and managing contractual terms.

Join Business HR Solutions for this essential free webinar. Our experts will break down the relevant provisions of the ERA 2025 and explain the latest developments around “Restricted Variation” rules, helping ensure your business stays compliant, protected, and prepared.

Register Now – Thursday 11 June 2026 – 10:00 am – 11:00 am 

What We’ll Cover

The New Legal Framework

An overview of the shift from the 2024 Code of Practice to the new statutory rules under the ERA 2025, including the significant financial risks and tribunal consequences of non-compliance.

The “Restricted Variation” Trap

Learn how to identify the triggers for automatic unfair dismissal claims, including proposed changes to:

• Pay
• Working hours
• Shift patterns

We will also explain how the new “financial difficulties” exception is expected to operate in practice.

Meaningful Consultation

How to conduct genuine, in-depth consultation that gives the best chance of reaching agreement without triggering dismissal.

We will explore:

• How to demonstrate that consultation was not merely a “tick-box” exercise
• Strategic alternatives to dismissal and re-engagement
• Creative approaches to encourage voluntary contract changes, including:
• • Buy-out packages
  • Phased implementation
  • Benefit offsetting

These strategies can help preserve employee engagement while protecting your employer brand.

The “Business Case” Blueprint

Learn how to properly document the business need for change so your decisions remain lawful, reasonable, and defensible if challenged in a tribunal.