Member Article

Funny Old Game

The Tipster came across a very interesting case recently involving the manager of a football club.

Although many of us would dream of being a manager of a football club it is something which only a small percentage of the population are ever going to achieve. The closest the Tipster every came was acting as coach for the well known under 11’s team The Wirral Wanderers.

Managers within organisations often use sporting examples for their employees to motivate or encourage. Certainly, the recent case involving Falkirk Football Club offers some useful advice for a broad range of industries. The then manager had been running the club (fairly) successfully for a period of time. He was then informed that potentially he may be required to perform other duties within the club. Fearing that his position was not stable and he may be relegated to the subs bench he resigned and claimed constructive unfair dismissal.

The club ran two arguments:-

• That the manager was aware that his role would be changed at some stage; and
• The fact that he was not given any reasonable consultation regarding the move was industry standard - namely it is a rough and tough world and we have always done it that way.

The Employment Tribunal was not impressed by either argument. So what are the lessons for other employers?

• Primarily do not ever presume that you have been clear in your communications with your employees. Make sure that any changes (potential or otherwise) are within reason discussed and documented with your employees - particularly when it comes to job duties/roles within an organisation. People do not always hear what they think they have heard.
• Interestingly the old adage that we have always done it this way and it is industry’s practice is not a defence. Football may be a rough and tumble world as may marketing, manufacturing or even financial services. That does not mean that it should be used as an excuse in dealing with employees. Employment Tribunal will, of course, see what is reasonable in all circumstances but will be applying some objective tests to ensure that fairness at all stages is a central principle of change in the employment relationship.

Employers can find this quite an onerous responsibility and may be saying Tipster we are too busy for all of this. Ultimately it can prove more costly not to take the slightly longer route of a journey

This was posted in Bdaily's Members' News section by David Gibson .