Varying Terms and Conditions
| Published: 21st April 2008 15:12 |
In the recent case of Robinson v. Tescom Corporation, as part of a restructuring plan Tescom had sought to significantly expand the region covered by Robinson, a Territorial Manager for the company.
During a grievance hearing in July 2006, Robinson stated that he wished to remain in his existing position, but agreed that he would accept the change, reviewing it over a 12 month period. In September 2006, Robinson claimed the change to be a breach of contract but agreed that he would work under the new job description, albeit under protest.
However, Robinson later refused to work in accordance with the new terms and, when the company subsequently dismissed him for failing to follow a reasonable management instruction, he brought a claim for unfair dismissal and breach of contract.
The EAT, upholding the Tribunal's decision, rejected the claims, stating that when Robinson agreed to work under the new terms under protest, he had reserved his rights to claim damages for breach of contract and unfair dismissal. However, when he later refused to work under the new terms, the company was justified in dismissing him for not following a lawful instruction. Once Robinson had made his decision to work under protest, he was obliged to stay with this decision and actually work under the new terms whilst seeking compensation.
Employees such as Robinson have a number of choices when an employer wishes to make a unilateral change to terms and conditions:
• To simply accept the variation and work under the new terms;
• To resign and claim constructive dismissal;
• To refuse to work under the new terms;
• To work to the new terms under protest, reserving the right to claim damages.
However, once a choice is made, as the Robinson case highlights, the employee cannot change their mind and hope to be successful at Tribunal.
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