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🔁 Fire and Rehire

Fire and Rehire in England, Wales and Scotland

Whether your employer can change your contract, the Code of Practice on Dismissal and Re-engagement, and the protections due in January 2027.

✅ Last verified: 24 September 2026 📚 Sources: listed at the end, each checked on the date shown 🇬🇧 England, Wales and Scotland

💬 Check your own situation

Describe what has happened. The checker answers only from this guide, plus what you tell it, and says so if something is not covered.

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Who this guide is for

Employees in England, Wales or Scotland whose employer wants to change their contract, for example pay, hours or shifts, and has threatened to dismiss them and offer a new contract on the new terms ("fire and rehire").

What this guide does not cover

⚖ At a glance

  • Employment contracts are legally binding. Their terms cannot usually be changed by just one side.
  • Fire and rehire is not banned today. If your employer dismisses and re-engages, it should follow the government's statutory Code of Practice on Dismissal and Re-engagement.
  • It is still a dismissal. Unfair dismissal needs at least 2 years of continuous employment now, and at least 6 months where the employment ends on or after 1 January 2027.
  • New fire and rehire protections under the Employment Rights Act 2025 are not law yet. The government's timeline puts them in January 2027.

The questions that decide the answer

  1. What does your employer want to change? Pay, hours, shifts, time off and pensions are the changes the planned new protections cover.
  2. Have you been dismissed, or only told you might be? A threat is not yet a dismissal.
  3. When did or will the dismissal happen? The new protections are not law yet. Today's rules apply until they start.
  4. How long have you worked there? Ordinary unfair dismissal needs 2 years now, or 6 months where the employment ends on or after 1 January 2027.

"Can my employer just change my contract?"

Employment contracts, whether written or verbal, are legally binding agreements. Their terms cannot usually be changed by just one party. Changes will need to be agreed by both the employer and the employee, or with a trade union or other employee representatives in some circumstances.

"They've said they'll sack me and rehire me on new terms"

This is called dismissal and re-engagement, or fire and rehire. Your employer should follow the government's statutory Code of Practice on Dismissal and Re-engagement.

The Code says your employer should tell you what changes they want to make, why they think the changes are needed, and what alternative options they have thought about. They should give you this information in writing before they make a final decision, listen to your views and take your feedback seriously.

If you are dismissed, it is still a dismissal, even if you are offered a new contract. With enough service, it might be unfair dismissal if there was no fair reason, the reason was not enough to justify dismissing you, or your employer did not follow a fair procedure.

You currently need at least 2 years of continuous employment to claim ordinary unfair dismissal. If your employment ends on or after 1 January 2027, you need at least 6 months.

"I heard fire and rehire has been banned"

Not yet. The Employment Rights Act 2025 will make it automatically unfair to dismiss an employee for refusing a "restricted variation", such as a change to pay, hours, shift times, time off or pensions, with a narrow exception for an employer in severe financial difficulty.

These protections are not in force yet. The government's updated timeline says they will start in January 2027. Until they start, today's rules apply.

"What can I do?"

You can get advice from Acas, Citizens Advice or your trade union before you agree to anything.

Before you can make most employment tribunal claims, you must notify Acas to start early conciliation. It is free. Your time limit is paused while conciliation runs, but only if you notify Acas within your time limit.

Deadlines you must meet

Where to go for help

Acas: 0300 123 1100 (Monday to Friday, 8am to 6pm), acas.org.uk. Early conciliation and employment advice.

Free advice is also available from Citizens Advice, and from your trade union if you have one.

Citizens Advice (England): 0800 144 8848

Citizens Advice (Wales): 0800 702 2020

Citizens Advice Scotland: 0800 028 1456

Traps

📜 Sources (checked 24 September 2026)

  • GOV.UK: Code of Practice on Dismissal and Re-engagement (Department for Business and Trade); Employment Rights Act 2025 implementation timeline, updated February 2026 (fire and rehire: January 2027).
  • Citizens Advice: Check if your employer can make changes to your contract. legislation.gov.uk: Employment Rights Act 2025 (fire and rehire). Acas: Unfair dismissal.
  • Helplines checked on each organisation's own website on 24 September 2026.
⚠ Important disclaimer: This guide covers fire and rehire in England, Wales and Scotland as at 24 September 2026. General legal information only, not legal advice. ukworkrights.co.uk — Not a law firm.

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