This response is submitted by the Local Government Association (LGA) on behalf of local authorities. The LGA is 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.
The Workforce Team of the LGA offers advice on employment issues and represents local government employer interests to central government, government agencies, trades unions and other interested parties. The LGA’s Local Government Resources Committee, whose remit includes workforce issues, comprises elected members from the LGA’s political groups providing cross party leadership to the LGA’s policy input. This submission has the support of all the political groups at the LGA.
The LGA manages sectoral collective bargaining in local government and national collective bargaining arrangements for fire, education and related sectors, covering, in total, over two million employees. Elected councillors (and other employer organisations where appropriate) and nationally recognised trade unions work together in a positive way to reach collective agreements on key employment issues such as pay and other terms and conditions. This helps to ensure that councils, and other employers, have pay, terms and conditions that are compliant with legislation and, where possible, model best practice.
The LGA works closely with member organisations and provides advice and support on employment matters, including relations with trade unions. Given the context outlined above, it is important that the views of councils are given full and careful consideration in the consultation.
This submission is based on our knowledge of the issues as they impact on local government. We have not answered the individual questions in the consultation but instead make the following general points.
General comments
The use of fire and rehire is rare in councils to date is rare. 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.
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.
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.
Therefore, with all these factors in mind, councils have repeatedly expressed to us their concerns with the upcoming extensive ban on the use of fire and rehire. With that in mind, this response supports the proposals in the consultation which will provide employers with the most flexibility.
Expenses and benefits or payments in kind
Of the two options, we understand that councils will on the whole prefer option 1, meaning all expenses and benefits or payments in kind are excluded from the restricted variation of sums payable to an employee in connection with the employment. This will provide them with the most flexibility but it should be noted that in any event councils would not be seeking to unreasonably change any contractual expenses and benefits. Further, where expenses and benefits are already a contractual commitment, that will only normally be the case where such expenses and benefits are necessary for the performance of duties or because they are necessary to be able to recruit and retain employees. Therefore, councils would not normally be looking to make such changes.
Shift patterns
Councils will overall in our view support option 1, that no types of shift pattern changes would be in scope of the restricted variation of the timing or duration of a shift. This is because where a change to shifts would require a contractual variation, the reason for that will normally be due to substantial changes in service delivery requirements, or for other such sound operational reasons. In such cases councils need the flexibility to make such changes even where it involves a change from day to night working (or vice versa), and weekday to weekend working (or vice versa).
We hope this response assists and if you would like to discuss it further, please contact [email protected]
Local Government Association
31 March 2026