A recent Employment Tribunal case serves as a reminder that seemingly minor workplace issues in isolation can add up to significant legal risks if they undermine the trust between employer and employee.
In Mr N Walker v Robsons (Rickmansworth) Ltd, the Tribunal upheld a claim of constructive unfair dismissal, and he was awarded £21,411.29 in compensation.
The Background
Nicholas Walker was employed as a branch manager of Robsons Limited. Following a move to a different branch, a series of actions by his employer left him feeling undermined and ultimately led to his resignation. These included:
- A letter about proposed commission changes being left on his chair without discussion.
- Being told to sit at a desk in the middle row which he felt suggested a demotion as it was known that the branch manager would usually sit on the back row.
- The Director of Sales shouting and swearing at him when he raised concerns and threatening him with disciplinary action.
- A successor being appointed to his role without prior discussion.
- Not being informed that he would have to share his branch manager role with a junior colleague (Gooder).
- Not receiving a job description for his move to the Rickmansworth branch.
The Tribunal found that while not all these issues on their own were breaches of contract, taken together they damaged the relationship of trust and confidence. That gave him the right to resign and claim constructive dismissal.
Key findings include:
- There was a failure to communicate the logistics regarding the branch move particularly that the branch manager position would be shared with Gooder.
- Gooder directed him where to sit, which led him to reasonably conclude that Gooder was acting as branch manager and that his own role had been reduced to assistant manager a clear demotion from his existing branch manager position.
- The Director of Sales remarks and behaviour were likely to cause serious harm to the relationship of trust and confidence between the parties.
Key lessons for employers
This case highlights several points employers should bear in mind:
- Communication is critical – Employees should be kept informed about changes affecting their role. Lack of communication can easily be interpreted as a lack of respect or transparency.
- Small gestures matter – Something as simple as where someone sits, or how a letter is delivered, can carry unintended meaning.
- Respectful conduct is essential – Shouting, swearing, or dismissive comments from senior individuals can quickly escalate into legal disputes.
- Clarity avoids conflict – Clearly defining roles and responsibilities, especially during organisational changes, reduces uncertainty and potential disputes.
This was a first level Tribunal decision and may yet be appealed. However, it is a useful reminder that a series of small missteps can combine to create a much bigger problem. If you require further assistance, please do not hesitate to contact our HR/Legal advice line team at 01455 852 028.
