In a significant ruling, an employment tribunal has determined that assigning a senior staff member to a desk associated with a junior role constitutes a demotion. The decision comes in the case of Nicholas Walker, a director at Robsons in Rickmansworth, who successfully sued the firm for unfair constructive dismissal. Mr. Walker, who served as branch manager since 2017, resigned after he was instructed to sit at a middle desk, while a colleague occupied the back desk traditionally reserved for the branch manager.
The tribunal's ruling centered around the "practical and symbolic" significance of the back desk, where essential books and ledgers were kept. Judge Reindorf noted that, from Mr. Walker's perspective, being told to occupy the middle desk amounted to a demotion. The middle desk was not typically assigned to the branch manager, leading Mr. Walker to conclude that he was being downgraded in favor of his colleague, Mr. Gooder.
"From [Mr Walker’s] point of view, finding out that Mr Gooder was sitting at the back desk and he would be sitting at the middle desk amounted to being told that he would be assistant manager and Mr Gooder would be branch manager." – Judge Reindorf
Mr. Walker expressed his discontent regarding the desk assignment, stating that he viewed it as a demotion. His decision to resign was influenced by the firm's instructions regarding his seating arrangement, which he perceived as undermining his authority and position within the company.
"I am not going back … and sitting in the middle." – Nicholas Walker
The tribunal found that the firm's actions were detrimental to the relationship of trust and confidence between Mr. Walker and the company. Judge Reindorf concluded that the conduct was likely to destroy or seriously damage this essential relationship, thereby justifying Mr. Walker's claim of unfair constructive dismissal.
"The tribunal finds [it was] … conduct that was likely to destroy or seriously damage the relationship of trust and confidence." – Judge Reindorf
Following the tribunal's decision, Mr. Walker is set to receive a payout as compensation for his unfair dismissal. The judgment underscores the importance of maintaining clear roles and respecting the symbolic elements of workplace hierarchies.