| Good News for Employers wishing to change the | | | | The employer did not need to prove that those |
| terms of employment of employees, however, | | | | advantages objectively exist. |
| employers must still take care.In Scott & Co v | | | | This is good news for employers who can rely |
| Richardson [2005], the Dependant, Mr Richardson, | | | | on the principle that the tribunal must respect |
| who worked for a Scottish firm of debt | | | | their commercial decisions in assessing whether a |
| collectors, refused to accept his new terms of | | | | fair reason for dismissal has been shown. |
| employment which required him to visit defaulting | | | | However this must be tempered by another EAT |
| debtors during the evenings. Mr Richardson agreed | | | | decision in Forshaw and others v Archcraft |
| to work evenings but only if this would continue | | | | Limited [2005], where the EAT relied on its own |
| to attract overtime payments as had previously | | | | assessment that the clause in question was |
| been the case. Scott & Co tried for seven | | | | unreasonable and found that the dismissal was |
| months to persuade Mr Richardson to change his | | | | unfair. In Forshaw the EAT said that while the |
| mind but he refused, finally issuing an ultimatum | | | | tribunal generally will not re-open the commercial |
| that his employer should either accept his position | | | | decisions of an employer's management, |
| or dismiss him. They chose to dismiss him.At first | | | | however, a reason which is genuinely held but is |
| instance, Scott & Co claimed that the change in | | | | trivial or unworthy or whimsical will mean that the |
| working conditions was required to bring the | | | | dismissal is unfair.Comment: Provided that care is |
| company into line with new market practices and | | | | taken, changes to employment terms which are |
| to allow them to plan work more cheaply and | | | | supported by sound commercial reasons will be |
| effectively. Mr Richardson argued that Scott & Co | | | | acceptable under the law. |
| had failed to prove that there were advantages | | | | If you require further information contact |
| to the new working arrangements and that the | | | | us.Email: © RT COOPERS, 2005. This Briefing |
| real reason for the changes was to save money | | | | Note does not provide a comprehensive or |
| in overtime payments.Mr Richardson succeeded in | | | | complete statement of the law relating to the |
| his claim for unfair dismissal and the Employment | | | | issues discussed nor does it constitute legal advice. |
| Tribunal held that it did not appear that the | | | | It is intended only to highlight general issues. |
| imposition of the shift system was of such | | | | Specialist legal advice should always be sought in |
| discernible advantage that the only reasonable | | | | relation to particular circumstances.Employment |
| thing to do was to terminate the employee's | | | | solicitors, employment law, employment lawyers, |
| contract unless he would agree to the new | | | | employment law firm, redundancies, unfair |
| arrangement.On appeal the EAT overturned this | | | | dismissals, breach of contract, workplace disputes, |
| decision and held that:-A Tribunal should not | | | | TUPE Transfers, drafting employment contracts, |
| 'second guess' an employer's business decision; | | | | grievance procedures, disciplinary procedures, |
| A Tribunal should evaluate whether dismissal was | | | | maternity rights,discrimination, employment |
| due to the employer's reasonable belief that the | | | | Disputes, suspensions, wrongful dismissal,equal |
| contract changes had advantages; and | | | | pay, media copyright. |