USDAW victory blocks Tesco fire and rehire tactic

13th February 2021

USDAW victory blocks Tesco ‘fire and rehire' tactic - Scottish Court of Session rules in favour of workers affected

Retail trade union USDAW has won an interdict in the Court of Session (12 February 2021) in Edinburgh against Tesco forcing some of the staff at the Livingston distribution centre onto a new contract, which would result in the affected staff losing between £4,000 and £19,000 per year.

The judgement, which applies to the Livingston site only, means that Tesco are 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.

The ‘fire and rehire' proposal also affects workers in Litchfield, Daventry clothing and Avonmouth Tesco distribution centres and we will continue to fight for same result for our members at these sites.

Joanne McGuinness - Usdaw National Officer says: "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."