REWARD
emotion ismissal iscussions
Dan Carder, Human Resources Content Consultant, Peninsula , shares details of recent employment law cases which considered if being seated at a ‘junior’ desk was classed as a demotion, whether not sharing details of previous gross misconduct was grounds for dismissal and if a heated discussion amounted to harassment
Telling a senior employee to sit at a ‘junior’ desk could be seen as a demotion In the case of Walker v Robsons (Rickmansworth), the Employment Tribunal (ET) had to consider whether the claimant could logically conclude they had been demoted based on the employer’s actions. After being told to move to another branch to make way for an employee who was “too good to miss out on”, the claimant was asked to return to their original branch. The claimant agreed and understood this would be as a Branch Manager. However, without the claimant’s knowledge, the respondent arranged for the manager role to be divided between the claimant and another employee. The claimant wasn’t told about this until later. Consequently, the claimant was surprised to be sharing the role with someone they perceived to be more junior. The employee who the claimant was to share the role with moved to a desk at the back of the office, which had previously always been reserved for the
Branch Manager. The claimant was told via a WhatsApp message that they would be sitting in the middle of the office on their return to the office. In a meeting between the respondent and the claimant, things got heated, resulting in the respondent swearing at the claimant and telling them that they couldn’t believe a “f**king 53-year- old man” was making such a fuss about a desk. The claimant was told to return to the branch as instructed or face disciplinary action. The claimant threatened to resign. The respondent said to “go on then” and accompanied the claimant to their desk to write their resignation letter. The claimant was then asked to return their keys and phone and leave. A few days later the claimant rang the respondent in the hope of recovering the situation and left a message, but didn’t get a call back. Claims were brought for constructive unfair dismissal and direct age discrimination. The ET found the claimant could “logic[ally]” conclude they had been
demoted by being made to sit in an area perceived to be for junior staff and share the role of Branch Manager with a more junior employee. This was despite previously holding the post alone, which could “destroy or seriously damage” the employment relationship. The respondent’s behaviour in shouting at the claimant and remarking on the claimant’s age and the “fuss” over the desk was found to also be a breach of the implied term. Therefore, the Tribunal upheld the claim for unfair constructive dismissal. The claim in relation to age discrimination was, however, dismissed. The claimant hadn’t been treated less favourably because of their age; the ET held that the respondent would have treated any employee with the claimant’s experience and proven reliability in the same way. The ET went on to hold that “not every reference to a person’s age is an act of unlawful discrimination”. It found that the respondent made the comment because they thought an adult of any age shouldn’t be making such a fuss about a desk.
| Professional in Payroll, Pensions and Reward | July-August 2025 | Issue 112 36
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