In the case of Barrow v Kellog Brown & Root Mr Barrow was a long standing employee who had worked for the large firm for 36 years. The tribunal heard that, in January 2017, Barrow was promoted from level 70 to 75 in the company-wide structure without an increase in pay. But some time later Barrow noticed on the company’s system he was on level 80, which was “important as an indicator of stature and seniority”. He was concerned that he had not been informed of the change, given an amended contract of employment or provided with an appropriate pay rise.
Barrow started suffering from an increasingly irritating and severe skin infection causing a red rash and itchiness. He was prescribed strong steroid medication which altered his mood and caused him to become hyperactive and energetic, and he had difficulty sitting quietly to concentrate on things when needed. Unfortunately he was subsequently diagnosed with cancer and underwent chemotherapy.
On 30 November, Barrow attended a review with his manager Mr Barrie, which the tribunal heard was “rushed” and cut short, so Barrow left feeling there had been “inadequate discussion” about his objectives. He explained this in an email to Barrie on 1 December, but his concerns were “dismissed”, with Barrie saying he did not intend to enter a “lengthy email dialogue” and suggesting a follow up meeting should be held. Two minutes later, Barrie forwarded the email to HR Director Tim Rosbrook, saying “I think we need to proceed as we discussed”.
Mr Barrow was dismissed. The tribunal said it had “little difficulty” in concluding that the engineering and infrastructure firm “dressed up” David Barrow’s termination as a breakdown in trust and confidence. He was awarded more than £2.5m.
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