Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise

Case lawEmployment lawEmployment contracts

Case of the week: Varying contracts of employment

by Personnel Today 28 Mar 2008
by Personnel Today 28 Mar 2008

Robinson v Tescom Corporation


Facts


Mr Robinson was employed as a territorial manager for Tescom, a manufacturer of pressure regulators and valves. In 2006, Tescom formulated a restructuring plan that involved a expanding the territory covered by Robinson to include the whole of the south of England.


In July 2006, Robinson raised a grievance about the changes stating he wished to remain in his existing position. At the conclusion of the grievance Robinson said that he would take on the extended sales territory, but would review the situation over a 12 month period. In September 2006, he said that he would work under the new job description, but under protest, and that he was treating the change as a breach of contract.


He subsequently refused to work to the new terms and Tescom dismissed him summarily for failure to follow a reasonable management instruction. Robinson brought claims for unfair dismissal and breach of contract.


Decision


The employment tribunal dismissed the claims. As Robinson had agreed to work under the terms of the varied job description, his subsequent refusal to do so was “gross insubordination”. Dismissal for failure to follow a reasonable management instruction fell within the band of reasonable responses and the dismissal was fair.


On appeal, the Employment Appeal Tribunal (EAT) held that when Tescom sought to unilaterally change Robinson’s contract, he did not acquiesce in the new terms, but sought to work under protest, reserving the right to claim damages for breach of contract and unfair dismissal. However, he did in fact work to the new job description.


Having taken the position that he would agree to work under the new terms under protest and reserving his rights, he was required to in fact work under those new terms.


The employer’s subsequent letter instructing him to do so was a lawful instruction. The employment tribunal had been correct to hold that there was no unfair dismissal when Tescom terminated the employment in response to Robinson’s refusal to work under the new terms.


Implications


This decision confirms that an employee who is faced with an attempt by the employer to unilaterally vary the contract of employment has four options:




  1. To agree to the variation


  2. To resign and claim constructive dismissal


  3. To refuse to work under the new terms (thus forcing the employer to either permit the employee to continue working under the old terms or to dismiss


  4. To ‘stand and sue’ by working under protest and seeking damages (either for breach of contract, or for unfair dismissal). Having chosen one of these options, however, the employee is obliged to stick to it.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Robinson had confused the option of “standing and suing” and refusing to work under the new terms and, as a result, left himself without a remedy.


Jonathan Exten-Wright, partner, DLA Piper

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Equality and Human Rights Commission not doing what was hoped
next post
Corporate manslaughter and you

You may also like

Decision to sack man for Michael Jackson noises...

29 Aug 2025

P&O Ferries boss who steered 800 sackings steps...

29 Aug 2025

Council clerk sacked after trying to ensure his...

29 Aug 2025

Day one rights in the Employment Rights Bill...

28 Aug 2025

EHRC acts on policies flouting law on single-sex...

28 Aug 2025

Acas to explore use of AI as half...

27 Aug 2025

Royal Mail eCourier drivers bring legal claim over...

26 Aug 2025

Bank holidays: six things employers need to know

22 Aug 2025

Lidl enters agreement with EHRC to prevent sexual...

22 Aug 2025

X settles severance claims of former Twitter employees

22 Aug 2025

  • Work smart – stay well: Avoid unnecessary pain with centred ergonomics SPONSORED | If you often notice...Read more
  • Elevate your L&D strategy at the World of Learning 2025 SPONSORED | This October...Read more
  • How to employ a global workforce from the UK (webinar) WEBINAR | With an unpredictable...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise