22 LAW SOUTH EAST
Employment tribunals: the key best practice reminders
The employment appeal tribunal has used the summer to confirm some well known aspects of employment law, but ones that people still get wrong. It’s worth having a quick reminder of the points highlighted by recent cases, writes Sally Nesbitt, senior employment associate, Manches LLP
Sound business reasons count when changing terms
A sound business reason can justify reissuing contracts on less favourable terms and conditions (SW Global Resource –v- Docherty [2012] IRLR 727). Owing to a significant decline in business, the company began consultation on proposals for terminating existing employment contracts and issuing new ones on reduced wages. Some employees resigned and claimed constructive dismissal. The EAT found against them saying that a proposal to reduce wages for sound business reasons did not amount to a breach of trust and confidence. Furthermore, the proposed dismissals from the existing contracts were justified
by “some other substantial reason” and a fair consultation with the workforce had been followed.
This case follows on from the recent ruling in Garside v Booth [2011] IRLR 375 that an employer will still be able to use “some other substantial reason” for new contracts on lower pay, even though an employee may reasonably object to the change.
Potential misconduct can be investigated
A company is entitled to investigate an employee for potential misconduct even if that employee was in fact “innocent”. (Assamoi –v-Spirit Pub Company (Services) UK EAT/0050/11/LA). Hurried and inappropriate allegations were made against an employee by his
Brethertons strikes gold
Regional solicitors, Brethertons LLP, has joined the 3% of Investors in People organisations to have achieved the Gold standard accreditation, the highest independent accreditation available for good practice management and positive staff development within an organisation.
In order to receive the Gold award, Brethertons undertook a rigorous inspection process that required evidence of exceptional working practices in a number of areas including: people management, staff recognition, leadership and continuous improvement. Deborah Atkins, HR partner for the firm, said: “We are delighted with this achievement.
Investors in
People really understand that it is Brethertons’ staff that are critical to its continued success and this is now
www.businessmag.co.uk
recognised by Investors in People with a Gold accreditation.”
Less than 700 organisations in the UK are accredited to Gold standard. The process is thorough and requires office visits and staff interviews, often over a number of days. 22 members of Brethertons staff were interviewed from departments across the organisation and it was the strong culture and sense of pride and ownership that the staff possess that was identified as a particular strength.
Bob Morrison, Investors in People specialist assessor for Brethertons, commented: “The way that Brethertons manages and develops its people typifies the level of excellence required of world- class organisations. Only a small number of organisations in the UK achieve Investors in People Gold accreditation and
manager. An investigatory meeting took place and it was discovered that the employee’s version of events was correct. The employee requested that the manager apologise but he refused to do so. The employee resigned, claiming a breach of trust and confidence. The EAT held against him. Although the manager’s conduct had perhaps damaged trust and confidence, the employer’s investigation and subsequent prompt decision in the employee’s favour had prevented a breach.
Redundancy pools of one are OK
A redundancy “pool of one” is not unfair (Wrexham Golf Company –v- Ingham [UK EAT/0190/12/RN]). Ingham was the steward at the
golf club in charge of the bar. There were 11 other employees, some of whom also carried out bar work. Only Ingham was considered for the redundancy pool. Ingham claimed his redundancy was unfair, in that others should have been in the pool. The EAT reminds tribunals that pools of one are not unfair, so long as the employer genuinely applies its mind to the make up of the pool, and in doing so, acts within the “range of reasonable responses of the reasonable employer.”
Details:
Sally.nesbitt@
manches.com 0118-9822645
Michael Dibben (CEO) and Deborah Atkins with the IiP Gold certificate
within that rare community few can match the high degree of consistency that Brethertons demonstrated during its assessment. Without exception, everyone within the firm firmly believes in, and shares the values and takes pride in working together to deliver high levels of service for their clients. As an assessor, I have rarely seen an
organisational strategy so well designed and implemented.”
Atkins continued: ”With over 21,000 Investors in People organisations across the UK, only around 3% are Gold accredited. Of this tiny percentage, Brethertons is the first law firm in Oxfordshire to have achieved this level of recognition.”
THE BUSINESS MAGAZINE – THAMES VALLEY – OCTOBER 2012
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