In Edwards v Bramble Foods Ltd, an Employment Tribunal held that an employer fairly dismissed an employee who refused to do overtime, and whose protests at being asked to do so, threatened to disrupt the business and its ability to fulfil orders.
The company’s busiest period is the eight weeks from mid-September, when it produces and packs goods such as gifts and hampers for Christmas. Employees’ contracts of employment included a clause requiring them to work extra hours when the business requires. The company decided to formalise its overtime arrangements, which involved asking employees to choose between four and eight Saturday mornings they could work in September and October. While the rest of the workforce agreed to work some Saturdays, Mrs Edwards refused to work on Saturday mornings.
Management had a number of “informal chats” with her to explain that, by sharing the workload fairly, the company would be able to meet the demands of the Christmas period. Mrs Edwards continued to refuse, stating that she spent Saturday mornings with her husband, and also mocked her colleagues who had agreed to the overtime. Her behaviour escalated to such a level that she was sent home for three days to calm down, and ‘come back with a better attitude’.
The Employment Judge accepted that there were a number of minor flaws in the employer’s procedure, but they had no doubt that dismissal was within the range of reasonable responses saying:
“She [the claimant] had been given a contract of employment which said that she may be ‘required’ to work additional hours and she had no legitimate reason for refusing what she accepts was a reasonable management instruction. She just didn’t want to do the work it seems. The consequences for the respondent had the claimant not been dismissed might have been disastrous. …Dismissal was unarguably within the range of reasonable responses to a very difficult situation…”
Peter Stanway, our BackupHR™ legal expert comments:
The Tribunal praised the employer in this case for the patience with which it dealt with the disaffected employee.
Key Lessons
- Employers should make some attempts to resolve disputes in the workplace but that, should the employer take further steps to dismiss an employee, they have a fairly free rein to take steps which are beneficial for their business.
- You need well drafted contractual clauses if you want to insist that your employees work overtime.
- Despite some procedural errors, such as lack of warning, these were descried as ‘minor flaws’ by the Tribunal. The allegation letter omitted one of the most important allegations against her; the effect her behaviour was having on her colleagues. Allegations should be set out fully and correctly, and should include everything which the dismissing Manager will be considering.
- Despite these issues, the Tribunal found Mrs. Edwards must have been aware of the seriousness of the situation she found herself in. It did not help her that the Tribunal found a number of her assertions to be untrue.
- The Judge had sympathy for the company and the potentially disastrous effect of her actions. A differently sympathetic Judge and a more truthful claimant might have resulted in a different outcome.
- If faced with a similar dilemma, you will have to tread with great care (and take professional advice).
This case proves that sometimes a robust line can be taken and upheld.
The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.
