Short answer
Prepare the existing contract, proposed new terms, consultation papers, business reasons, dismissal or re-engagement letters, appeal papers, ACAS details and any tribunal deadlines.
Quick checklist
Start with these
Best order
How to organise the first pack
- Put the old terms and proposed new terms side by side.
- Add the consultation timeline and alternatives considered.
- Separate individual dismissal evidence from collective or union material.
- Flag ACAS, appeal and tribunal deadlines.
Define The Contract Change
Start with the current contract, the proposed new terms and the reason the change was said to be needed. Explain whether the issue concerns an employer proposal, an employee objection, dismissal, re-engagement, appeal, settlement or tribunal claim.
Acas guidance says dismissal and re-engagement should be a last resort after reasonable attempts to reach agreement through consultation. The evidence pack should therefore show what was proposed, discussed and decided.
- Current contract, handbook and any variation clauses.
- Proposed new terms, business case and announcement papers.
- Consultation invitations, notes, responses and alternatives considered.
- Dismissal, re-engagement, notice, appeal and grievance letters.
- Trade union, collective consultation or employee representative material if relevant.
- ACAS early conciliation, ET1, ET3, settlement or tribunal documents.
Separate Fairness From Outcome
A barrister may need to consider the reason for the dismissal, the procedure followed, consultation, notice, appeal, acceptance of new terms, protected characteristics, whistleblowing or collective issues.
Avoid sending only the final dismissal letter. The consultation chronology and the alternatives discussed are usually central to scoping the issue.
What A Barrister May Be Asked To Do
A focused request may ask for advice on evidence, tribunal prospects, written submissions, pleadings, settlement risk, appeal preparation or representation at a defined hearing where Direct Access is suitable.
Some matters need solicitor or trade union support for continuing correspondence, disclosure, group consultation, negotiations or issuing and managing proceedings.
Avoid delays
What not to send first
- Sending only the final dismissal letter.
- Omitting the consultation notes or business reasons.
- Assuming accepting new terms removes all legal issues.
- Leaving out ACAS or tribunal dates.
Source note: source-checked against Acas dismissal and rehire guidance and Acas Employment Rights Act 2025 update notes on 23 September 2026. Fair dismissal, consultation adequacy, notice, collective issues, discrimination and remedy points need specialist employment review.
Claim and official-source ledger
- Acas guidance explains that dismissal and re-engagement is when an employer gives notice to end an existing contract and offers rehire on new terms, and says employers should only do this as a last resort.
- Dismissal and rehire — Acas; checked .
- Acas notes that increased protections against dismissal and rehire are expected from 1 January 2027 and that an updated Code of Practice is expected in 2027.
- Employment Rights Act 2025 — Acas; checked .
Editorial status: Review required. Sources support the identified claims only. General information; not legal advice.
Fire And Rehire Barrister Evidence Guide FAQs
What is dismissal and re-engagement?
Acas describes it as an employer giving notice to end an existing contract and offering rehire on new terms when a contract change has not been agreed.
What should employers send first?
Send the existing contract, proposed terms, consultation records, business reasons, alternatives considered, letters, appeal material and any ACAS or tribunal documents.
Does a quote request pause employment deadlines?
No. ACAS, internal appeal and tribunal dates continue to run and should be flagged at the start of the enquiry.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
