Docherty and Anor v SW Global resourcing Ltd [2013] CSIH 72

This case concerns an appeal against the Employment Tribunal, which had found the appellants to be unfairly and constructively dismissed. The Appeal Tribunal had substituted this for a finding of fair dismissal, on the basis of s98 (1) (b) of the Employment Rights Act 1998. This is the decision which is appealed.

The appellants were employed by a company specialising in sub-contract work for the railway and construction industry. It suffered a serious decline in business, and to try to avoid the cost of redundancies, reduce labour costs and offer more competitive tenders, the respondents rescinded the terms of the appellants’ employment contracts, so that their weekly minimum salaries were