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By stewartb

It is frankly remarkable that in its multiple lengthy articles on the BBC News website in recent days, BBC Scotland’s journalists have avoided providing any reference to the origin story regarding Glasgow City Council’s predicament over changing staff terms and conditions.

Whatever the rights and wrongs of ‘fire and rehire’ as a process, its proposed abolition in Westminster legislation for the whole UK prompted warnings last year from the Local Government Association in England: ‘Councils issue warning over removal of ‘fire and rehire’ without replacement mechanism for making contractual changes’ (Feb 4, .2025).

Source: https://www.local.gov.uk/our-support/workforce-and-hr-support/employment-relations/consultations-employment-law-reforms-25

The LGA states: ‘The use of fire and rehire is rare in councils to date is rare (sic). In the event it is a tactic to be employed it should be treated as a last resort. The reason for making such changes will typically be driven by the pressing need to address, for example, equal pay and equality issues though the introduction of a new pay and grading system, or as a consequence of factors outside the control of the employer, such as need to implement changes in the way that vital public services need to be delivered or local government reorganisation. (my emphasis)

‘Councils typically recognise trade unions for collective bargaining purposes and so terms and conditions in councils will normally be collectively agreed with unions. Therefore, where changes are required, councils will always seek to make them through agreement with recognised trade unions. Extensive efforts will be made to do that, involving often lengthy consultations processes with unions and employees, in some cases with Acas involvement.’

The SNP-led Council has been trying to negotiate a solution for many years!

The LGA statement goes on: ‘If agreement to the changes cannot be obtained through agreement with the union/s, then councils might consider whether agreement could be obtained directly with individuals. However, that carries risks, particularly in terms of s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992, which makes it unlawful for employers to bypass the union by offering new terms and conditions directly to employees who are union members.

‘Therefore, councils approach the option of fire and rehire with great care and will make great efforts to avoid using it. Nevertheless, in limited circumstances, it may be the only option left if one or more trade unions refuse to reach agreement to changes.

‘Removal of the possibility of fire and rehire, without a replacement mechanism for making contractual changes, could discourage trade unions from engaging in meaningful negotiation around proposed changes leading to the retention of working practices. It could also stymie agreements reached with some trade unions, who may represent the majority of employees, because of the action of another union that may refuse to reach an agreement.’

So much of this seems pertinent to the issues – the dilemmas – the present leadership of Glasgow City Council is facing due to an inheritance from a past Labour-led council and the complicity or inaction back then of certain trades unions. None of this wider context is provided by BBC Scotland!

Note: The Local Government Association (LGA)describes itself thus: “a cross-party organisation that is the national voice of local government. We work with councils and central government to support, promote and improve local government. The LGA covers every part of England and Wales (through the WLGA) and includes county and district councils, London boroughs, metropolitan and unitary councils.”

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