British Airways: Coronavirus Job Retention Scheme

(asked on 3rd June 2020) - View Source

Question to the Department for Business, Energy and Industrial Strategy:

To ask the Secretary of State for Business, Energy and Industrial Strategy, what steps is he taking to ensure that British Airways does not misuse the Coronavirus Job Retention Scheme by terminating staff contracts and subsequently rehiring a new workforce with inferior pay and conditions.


Answered by
Paul Scully Portrait
Paul Scully
This question was answered on 8th June 2020

During this difficult time, employers should act responsibly and only use the Job Retention Scheme to protect jobs. We would urge employers not to use the Job Retention Scheme to make someone redundant on less favourable terms than they would otherwise have received.

Terms and conditions of employment are for negotiation and agreement between employers and employees (or their representatives). Provided they do not discriminate unlawfully, for example on grounds of race, sex or disability, employers are free to offer the terms and conditions of employment which best suit their business needs.

Once agreed, however, they form a legally binding contract of employment. While it is always open to either party to seek to renegotiate the terms of the contract, if the employer changes any of the terms without the employee’s agreement, the employee may be entitled to seek legal redress.

Any redundancy process should be fair and reasonable, with appropriate equalities considerations. Employees can appeal to their employer if they feel they have been unfairly selected or they may be able to make a claim to an employment tribunal for unfair dismissal.

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