ASCL welcomes the opportunity to contribute to this consultation. Our response is based on the views of our members, obtained through discussions at ASCL Council, with relevant advisory groups, and prompted and unprompted emails and messages. 

When considering the impact of any proposals on different groups, it is ASCL’s policy to consider not only the nine protected characteristics included in the Equality Act 2010, but also other groups which might be disproportionately affected, particularly those who are socio-economically disadvantaged. We have answered any equality impact questions on this basis. 

Key points 
We welcome the Code in that it seeks to set out a clear and consistent process to be followed in what should be the wholly exceptional circumstances where an employer finds themselves having to consider the dismissal and re-engagement of employees.

However, the Code, as currently drafted, is too weighted towards employer flexibility, to the detriment of the employee.  We believe it would benefit from amendments to ensure that engagement between the employer and employee are meaningful.  Also, that the current lack of consideration of the effect on employees will see workers lost not only to the employer concerned but also to the wider workforce (as they may permanently leave employment).

Full response to consultation