Moving a senior employee to a 'junior desk' could logically be seen as a demotion

In a recent case, Walker v Robsons (Rickmansworth) Ltd, the Employment Tribunal (ET) upheld the claim of constructive unfair dismissal after concluding it was logical for the claimant to believe they had been demoted.

The claimant worked for the respondent from 2015 until their resignation in 2023. Prior to their resignation, the claimant was told to move to another of the respondent’s branches to make way for a new employee. Sometime later, the new employee resigned, and the claimant was asked to return to their old branch. The claimant agreed to return and understood this would be as a branch manager. However, the respondent arranged for the manager role to be divided between the claimant and another employee. The claimant was not told about this until later.

The employee, who the claimant was sharing the role with, moved to a desk at the back of the office, which previously had 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, telling them they could not 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, “go on then” and accompanied the claimant to their desk to write their resignation letter, and subsequently asked to leave. A few days later the claimant rang the respondent in hope of recovering the situation and left a message, but did not get a call back. Claims were brought for constructive unfair dismissal and direct age discrimination

The tribunal 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. They concluded this 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. The tribunal therefore upheld the claim for unfair constructive dismissal

The claim in relation to age discrimination was, however, dismissed. The claimant had not been treated less favourably because of their age. The ET concluded 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.

This case is a reminder of the symbolic significance certain “status symbols”, such as a desk in a particular part of the office, can have to employees. That, combined with the other changes the employer made that affected the employee, meant it was of little surprise that the employee felt they were being demoted.

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