The Code requires employers to share as much information as possible with employees, suggests appropriate information to consider, and requires employers to answer any questions or explain the reasons for not doing so: Do you agree this is a necessary step? We firmly agree this is a necessary step, and with the Code’s advice that, the more that the employees and their representatives are able to understand about the background to the proposals, the more likely it is that the parties will be able to come to agreement, or else suggest alternative solutions. We also welcome the areas and principles covered in the provision of information, such as providing it as early into the process as possible, clarity on to whom it should be provided, as well as the employer’s obligations and the type of information.  

Before making a decision to dismiss staff, the Code requires the employer to reassess its analysis and carefully consider suggested factors. Do you agree with the list of factors employers should take into consideration before making a decision to dismiss? We welcome the Code’s wording that underlines the importance of caution and careful reflection by an employer who is at the point of considering dismissal and re-engagement. We also welcome the emphasis that an employer may decide to dismiss and offer to re-engage ‘as a last resort’ – we suggested this could be reinforced further by stating ‘as an absolute last resort’. We also suggested it may be helpful to add a further statement: 

If the shorter-term business aims associated with implementing dismissal and re-engagement have been balanced against the potential high risk of legal claims and longer-term impact on employment relations and employee engagement.   

Do you think the Code will promote improvements in industrial relations when managing conflict and resolving disputes over changing contractual terms? We hope that the Code will raise awareness about the potential legal and employment relations risks of employers pursuing a process of dismissal and re-engagement unless as an absolute last resort. The Code and the employment law it seeks to uphold will carry more weight if supported by a wider enforcement framework in the UK. The CIPD policy paper Revamping labour market enforcement in the UK (October 2020) examines the reforms needed to improve a current system that’s not fit-for-purpose. Although reform lies outside the scope of this Code, and it does mention employers’ legal obligations, we would still like to draw attention to the importance of swift and effective enforcement of the law relating to dismissal and re-engagement where there is non-compliance.