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Good News for Employers wishing to change the terms of employment of employees, however, employers must still take care.

Business Internet Marketing In Scott & Co v Richardson [2005], the Dependant, Mr Richardson, who worked for a Scottish firm of debt collectors, refused to accept his new terms of employment which required him to visit defaulting debtors during the evenings. Mr Richardson agreed to work evenings but only if this would continue to attract overtime payments as had previously been the case. Scott & Co tried for seven months to persuade Mr Richardson to change his mind but he refused, finally issuing an ultimatum that his employer should either accept his position or dismiss him. They chose to dismiss him.

The employment contract sets forth the terms and obligations of the employer's relationship with the employee. Most employment contracts are negotiable. After signing the employment contract, the employee and employer are both bound under the terms of the contract. The employment contract often gives the employer some control over when they can terminate an employee. Similarly, an employment contract can provide the employee with a sense of job security if it is for a set term.

Internet Marketing Strategic At first instance, Scott & Co claimed that the change in working conditions was required to bring the company into line with new market practices and to allow them to plan work more cheaply and effectively. Mr Richardson argued that Scott & Co had failed to prove that there were advantages to the new working arrangements and that the real reason for the changes was to save money in overtime payments.

The Employment Confirmation Letter may be used by an employer who has verbally discussed the terms and conditions of employment with the prospective employee and wants to confirm that discussion in writing. The employer should confirm what was said immediately after the final interview and prior to the time that the employee accepts the job offer. Wage payments to employees must comply with overtime laws. If the employee accepts the offer, it is highly recommended that the employment terms be formalized in an employment agreement.

Internet Marketing Seo Mr Richardson succeeded in his claim for unfair dismissal and the Employment Tribunal held that it did not appear that the imposition of the shift system was of such discernible advantage that the only reasonable thing to do was to terminate the employee's contract unless he would agree to the new arrangement.

Most state laws say that employment is "at will, " which means the employer can fire an employee from a position for any reason, so long as the reason is not an illegal reason. State employment laws (see Employee Protections) also look after employment contracts, and the clauses an employer or employee may find within employment contracts. If you have to sign or create an employment contract, you should have an employment law attorney to assist you.

Ebook Internet Marketing On appeal the EAT overturned this decision and held that:-

Employment law dictates every part of the workplace. Employment law applies to employers, employees, independent contractors, and unions. Employees and employers must follow specific guidelines such as selecting and interviewing employees and work issues, and firing. If you have been wronged by an employer, you may need an employment law lawyer to help you.

Business Home Internet A Tribunal should not 'second guess' an employer's business decision;
A Tribunal should evaluate whether dismissal was due to the employer's reasonable belief that the contract changes had advantages; and
The employer did not need to prove that those advantages objectively exist.
This is good news for employers who can rely on the principle that the tribunal must respect their commercial decisions in assessing whether a fair reason for dismissal has been shown. However this must be tempered by another EAT decision in Forshaw and others v Archcraft Limited [2005], where the EAT relied on its own assessment that the clause in question was unreasonable and found that the dismissal was unfair. In Forshaw the EAT said that while the tribunal generally will not re-open the commercial decisions of an employer's management, however, a reason which is genuinely held but is trivial or unworthy or whimsical will mean that the dismissal is unfair.

Internet Marketing Site Web Comment: Provided that care is taken, changes to employment terms which are supported by sound commercial reasons will be acceptable under the law.
If you require further information contact us.

Based Business Home Internet Email: enquiries@rtcoopers.com

Internet Marketing Web © RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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