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"Let's Circle Back" (but not round the Eiffel Tower)

View profile for Darren Tibble
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"Lets Circle Back"  (but not round the Eiffel Tower)

“The objects of which Paris folks are fond – literature, art, medicine, and adultery.”    Mark Twain

Confessions of a (dodgy) Paris Tour Guide

Following on from my last blog, it’s time to reveal my third ‘quirky’ job that I had before I became a solicitor. As a young, naïve 19-year-old, I spent part of my gap year working as a tour guide in Paris. Yes, you read that correctly. I spent a happy summer herding groups of wide-eyed Brits through the streets of Paris, whilst attempting to explain French history to them.

The only problem was…. let’s just say that my knowledge of all things Parisienne was not exactly what you’d describe as…. ‘very good’.

One memorable incident involved me proudly declaring to a group of tourists that the Eiffel Tower was held together by exactly 2 million bolts — a number I completely invented on the spot because someone asked, and I panicked. Another time, I confidently told a group that the Louvre contained over 20 miles of underground corridors – again, utter fabrication. Thankfully, this was well before the days of mobile phones and Google (hence the fringe in the picture), so I got away with it. As an aside, I can now confidently say that there are 13,000 bolts in the Eiffel Tower and 9 miles of corridors in the Louvre (merci à Google).

On with the law…

Dismissal and Re-engagement

As I am sure that you will remember, in July this year, the new Code of Practice on Dismissal and Re-engagement came into force. The new Code outlines steps employers must follow when changing employment contracts, particularly if dismissal and re-engagement are considered (or ‘fire and rehire’ as it’s more commonly known). Its focus is to minimize conflict, ensure fairness, and promote meaningful consultation.

Key Steps for Employers under the Code

  1. Share Information Early: Provide written details about proposed changes, including the rationale, affected employees, and alternatives explored.
  2. Engage in Meaningful Consultation: Consult openly and in good faith, considering feedback and alternative proposals.
  3. Avoid Premature Dismissal Threats: Do not use dismissal as a negotiation tactic or raise it unreasonably early.
  4. Revisit Proposals if Needed: If agreements fail, re-evaluate changes based on feedback, potential risks, and any evolving circumstances.
  5. Document Agreed Changes: Confirm changes in writing, give reasonable notice, and update employment particulars as required.
  6. Use Dismissal as a Last Resort: If unavoidable, provide notice, support affected employees, and phase changes where possible.

When the Code came into force, there was no concurrent change to the law in relation to the power to uplift compensation for protective awards by 25% where collective consultation obligations under the Code are breached.

This has now been rectified by the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024. From 20 January 2025, any breaches of the collective consultation requirements will now be eligible for an uplift of up to 25% if a tribunal finds the Code has also been breached. In a nutshell, employers who are planning to ‘fire and rehire’ 20 or more employees may be vulnerable to increased protective awards if they do not follow the new Code properly.

Let’s Circle Back: This Year’s Top Business Jargon

Finally, as the year draws to an end, let’s take a moment to recognise (or quite possibly cringe at) some of the business jargon that I have been on the receiving end of this year (and might have said myself). Here’s a few of my ‘favourites’:

“Let’s take this offline”

“Low-hanging fruit”

“I’ll reach out to you”

“Let’s circle back”

“Let’s dialogue”

Love them or hate them, business jargon is here to stay. So, if you can think of any others, don’t boil the water – collate and synergise your learnings and reach out to me with them.

Until next time.