Estate Agent Who “Made a Fuss Over a Desk” Was Forced to Quit, Tribunal States

In Mr Nicholas Walker v Robsons (Rickmansworth) Limited, a director forced to quit won his constructive unfair dismissal claim. The Employment Tribunal heard issues arose when he wasn’t given the back desk, a spot previously taken by the branch manager, despite holding said status. Compensation following his successful claim will now be determined in the future.

If you’ve faced something similar and are claiming constructive dismissal, consider contacting Redmans Solicitors. As employment law specialists, we can assess your circumstances and advise you on the best possible next steps. If you have an eligible claim, we can guide you through the legal process.

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The Facts in Mr Nicholas Walker v Robsons (Rickmansworth) Limited

Background

Mr Nicholas Walker (“the Claimant”) began working for Robsons (Rickmansworth) Limited (“the Respondent”) on 15 May 2015. Till the time of his resignation on 8 June 2023, which took effect the following day, his job title was ‘director’.

From 2017 until 2022, the Claimant worked at the Respondent’s Rickmansworth branch. In February 2022, he was informed that he would be moving to the Chorleywood branch, but by May 2023, he was asked to return to Rickmansworth.

Unbeknownst to the Claimant, though, he wasn’t returning to his previous role. He had originally been the sole manager of the Rickmansworth branch, but Mr Daniel Young, the company director, had decided to split the position. As a result, the Claimant would now serve as joint manager alongside Mr Matthew Gooder, an associate director and his junior colleague.

Issues with Office Desks Arose

On 8 June, Mr Gooder and the Claimant corresponded via WhatsApp concerning the latter’s return to the Rickmansworth branch. The Claimant asked, “What are we doing about desks?” to which Mr Gooder responded, “You are going in the middle.” This upset the Claimant, who thought it indicated he was the assistant manager and Mr Gooder was the branch manager.

During proceedings, the Employment Tribunal found that the back desk, where Mr Gooder was sat, had a “symbolic and a practical significance.” Before his move to Chorleywood, all previous managers, including the Claimant, had sat at the back desk. Therefore, placing the Claimant at a middle desk undermined his status.

The Claimant subsequently messaged Mr Young to confirm whether this decision had been made. However, Mr Young was unaware of the back desk’s significance and assumed he was making a fuss to leave for a competitor. As a result, Mr Young visited the Chorleywood office to speak with the Claimant.

During the meeting, both were angry and upset. While the Claimant was unhappy about the desk situation, Mr Young thought the Claimant would resign. Despite the exact wording being unclear, Mr Young swore, saying he couldn’t believe “a man of your age” was making a fuss about a desk. The Claimant was then given an ultimatum: move back to Rickmansworth or face disciplinary action.

Claimant Felt Forced to Quit

After receiving the ultimatum, the Claimant threatened to hand in his resignation. Unfortunately, this confirmed Mr Young’s suspicions, prompting him to say, “Go on then.” He then accompanied the Claimant to his desk to type up the resignation, messaging Ms Jennie Horchover, an external HR provider, “He is typing up his notice as we speak. Never heard anything like it.”

A few days later, the Claimant called Mr Young in an attempt to recover the situation. He wanted to retract his resignation, but Mr Young never picked up nor called him back. By a letter dated 9 June, the Respondent confirmed his last day of employment, informing him that he would receive pay in place of notice until this date.

On 14 June, the Claimant began ACAS early conciliation. Following its completion on 26 July, he then initiated Employment Tribunal proceedings on 16 October, claiming constructive dismissal and direct age discrimination.

The Employment Tribunal’s Judgment

Tribunal Finds Claimant Was Forced to Quit

Following the proceedings, the Employment Tribunal began assessing the constructive dismissal claim. It examined several incidents and considered whether any constituted a breach of the implied term of trust and confidence that could justify the Claimant feeling forced to quit.

Ultimately, the Tribunal found several instances that amounted to said breach. Among them included:

  • The Respondent’s failure to inform the Claimant that he would be sharing the managerial role with Mr Gooder.
  • The Claimant being told to sit at the middle desk, which he perceived to be a demotion.
  • Mr Young swearing in disbelief about the Claimant’s views on the desk situation, before threatening him with disciplinary action.

The Tribunal explained that sharing managerial responsibilities was effectively a demotion when he was previously a sole manager. The fact that the Respondent failed to communicate this arrangement with the Claimant further damaged the employment relationship, as did Mr Young’s unprofessional behaviour.

With this in mind, the Tribunal went on to establish that the Claimant resigned specifically because of these breaches, didn’t affirm his contract (since he resigned immediately), and wasn’t at fault. Consequently, with no potentially fair reason for dismissal, the Tribunal agreed the Claimant was forced to quit and upheld his constructive unfair dismissal claim. His other direct age discrimination claim was dismissed, but with the constructive dismissal claim succeeding, his compensation will now be decided at a later date.

Constructive Dismissal vs Unfair Dismissal

When people make claims for constructive dismissal, they sometimes get confused about the terms “constructive dismissal” and “unfair dismissal.” While similar, they refer to slightly different principles. Unfair dismissal is a broad term used to describe when an employer unlawfully or unfairly terminates an employee’s contract.

Conversely, constructive dismissal is a specific type of unfair dismissal occurring when an employee resigns due to a serious breach of contract by their employer, making it impossible for them to continue working. Like with Mr Walker, the employer’s actions make the employee feel forced to quit.

Read our unfair dismissal guide for more details.

Forced to Quit? Get Help From Redmans

Those seeking to make claims for constructive dismissal after being forced to quit should consider contacting Redmans Solicitors. Our team of employment law specialists are here to help, with vast experience guiding those eligible through the legal process.

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