Estate agent wins Unfair Dismissal claim following desk move
The recent case of Walker v Robsons (Rickmansworth) Ltd highlights the importance of employers communicating properly with staff about any changes to their working arrangements.
Mr Walker was an experienced estate agent and branch manager based at the employer’s Rickmansworth branch. He was asked to move to another branch that was performing less well, which he agreed to.
When he was subsequently asked to return to the Rickmansworth branch, he believed that he would be returning to his old desk at the back of the office and in his role as branch manager. Unfortunately, his manager failed to communicate that he would be expected to share this role with a more junior colleague, and that he would not be sitting at his old desk.
What the manager did not appreciate was that this desk had both a symbolic and a practical significance. The practical significance was that it was where the books and ledgers were kept, and the symbolic significance was that it was where the branch manager had traditionally sat.
Mr Walker was upset to hear that he would be sitting in the middle desk rather than at his old desk at the back of the office. His manager could not understand why Mr Walker was making a fuss about something that he thought was unimportant. He concluded in his own mind that Mr Walker must have found alternative employment with a competitor.
The manager sought advice from an external HR adviser and was informed that he should speak with Mr Walker to clarify the situation. They also suggested that if Mr Walker was failing to follow a reasonable management instruction, it could potentially be a disciplinary matter.
When the two men met to discuss things, both were upset and angry, and the meeting escalated quickly. The manager said to Mr Walker that he could not believe that “a f***ing 53-year-old man” or “a man of your age” was making a fuss about a desk. He also gave Mr Walker an ultimatum: he must move back to the Rickmansworth office, or he would be facing disciplinary action.
Mr Walker threatened to resign, which in the manager’s mind confirmed his suspicion that Mr Walker had already got another job, so he responded by saying words to the effect of “go on then”.
He simply did not appreciate the reasons why Mr Walker was upset, and did not realise that he had failed to communicate properly with him about sharing the branch manager position on his move back to Rickmansworth.
Mr Walker resigned, and brought claims of Constructive Unfair Dismissal and Age Discrimination.
The Tribunal found that Mr Walker had been constructively unfairly dismissed, on the basis that the following acts amounted to a breach of the implied term of ‘mutual trust and confidence’:
- The perceived demotion due to seating arrangements and change of job role. The Tribunal found it was a logical conclusion for Mr Walker to make in circumstances where his manager’s communication about the arrangements had been poor; and
- The manager losing his temper and swearing at Mr Walker meant that he did not handle the situation appropriately, which seriously damaged the relationship between them.
Mr Walker was awarded just over £21,000 in compensation in respect of the unfair dismissal.
In respect of the age discrimination claim, whilst a comment was made about age, the Tribunal did not agree that Mr Walker had been treated less favourably because of his age. They found the manager was likely to have said the same thing to an adult of any age, and that Mr Walker was unlikely to have been moved because of his age. He therefore failed to prove this element of his claim.
Whilst the employee did not win both aspects of his case, the cost and time involved for the employer in defending both claims would have been significant, not to mention a finding of unfair dismissal, which can impact on reputation.
Top 3 Takeaways for Employers
- Clear and advance communication with employees about changes to their role is vitally important. Ultimately, this case boils down to the fact there were several areas of miscommunication and misunderstanding on the part of the employer that could have been avoided.
- Follow up on conversations in writing to obtain express agreement from the employee about any changes being made.
- Always stay calm and professional. Try to avoid making assumptions and encourage employees to explain what they are concerned about.
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