An ongoing dispute between a union and a supermarket chain over ‘fire and rehire’ tactics at a distribution centre in Fradley is set to continue after the Supreme Court granted permission for the case to proceed.
USDAW is pursuing the action over claims Tesco is using the tactic to remove a long-term benefit known as retained pay for some staff.
The High Court found in favour of the union in February before the Court of Appeal ruled in the supermarket’s favour in July by deciding that the rights to the additional pay were not permanent.
But USDAW has now been given permission to continue the legal battle at the Supreme Court.
Neil Todd, a trade union specialist at Thompsons Solicitors, said:
“We are delighted to have been given permission by the Supreme Court to proceed with this important case.
“The fight against fire and rehire is a pivotal one for the whole trade union movement.”
Neil Todd, Thompsons Solicitors
The original case was brought on behalf of 42 workers from the company’s distribution centres in Fradley and Daventry.
A date for the Supreme Court hearing will be confirmed in the New Year.
