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