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