The Code of Practice (Dismissal and Re-engagement) Order 2024

Explanatory Note

(This note is not part of the Order)

This Order brings into effect, on 18th July 2024, the Code of Practice issued by the Secretary of State under sections 203(1)(a) and 204(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) on Dismissal and Re-engagement (“the Code of Practice on Dismissal and Re-engagement”). Article 3 is a transitional provision which provides that the Code of Practice on Dismissal and Re-engagement does not apply where the prospect of dismissal and re-engagement has been raised by the employer with either the employee and/or their representatives before the 18 July 2024.

The Code of Practice on Dismissal and Re-engagement provides practical guidance for the purpose of promoting the improvement of industrial relations, where an employer is considering making changes to one or more of its employees’ contracts of employment; and envisages that if the employee and/or their representative does not agree to some or all of the changes, it might opt for dismissal and re-engagement in respect of that employee. It is available at https://assets.publishing.service.gov.uk/media/65d35c10423931826ab7b8a0/draft-statutory-code-of-practice-on-dismissal-and-re-engagement.pdf. A copy may also be inspected by contacting the Department for Business and Trade, Old Admiralty Building, Admiralty Place, London SW1A 2DY.

A full impact assessment has not been prepared for this Order or the Code of Practice on Dismissal and Re-engagement because there is expected to be a low level of impact on business. This low level of impact on business is expected because the Code does not impose any new legal obligations and operates within the current legal framework with which employers are already required to comply.