A tribunal has found that forcing senior employees to sit at desks which are unbefitting of their status can amount to constructive dismissal. In Walker v Robsons (Rickmansworth) Limited (link to written reasons below), Mr Walker was a Director at the estate agency, holding the position of branch manager. While there was a course of behaviour by his employer which contributed to the finding of constructive unfair dismissal (including a lack of communication and requiring him to share management with a more junior colleague), the Tribunal found that requiring him to sit at a middle desk in the office, rather than the desk at the back was conduct likely to destroy or seriously damage the relationship of trust and confidence.
The Tribunal accepted that the desk at the back of the office had both a symbolic and practical significance, as the desk where the branch manager normally sat. The Claimant was upset about the desk he was given, perceiving this as the desk for the assistant manager. The Tribunal therefore found that moving the Claimant to the middle desk was conduct likely to destroy or seriously damage the relationship of trust and confidence. It was reasonable for the Claimant to view this as a demotion given the poor communication in this case.
What should employers do?
In this case, poor communication was the root cause of the constructive dismissal. Whenever an employee raises a concern, regardless of whether it seems like an unreasonable concern, employers should discuss the reasons for concern with the employee to understand why the employee is upset. Employers should also take into account the status and position of certain seating arrangements when conducting office moves.
If you are contemplating changes at work which could lead to employees feeling loss of status, get in touch with one of our team for advice and assistance.
Mr_N_Walker_-_v_-__Robsons__Rickmansworth__Limited_-_3311699-2023__-_Written_REASONS.pdf