Below are some key lessons for managers and HR teams from this decision.
Pay attention to the symbolism of the physical workplace
Employers must recognise that the physical workspace often carries symbolic weight in workplace hierarchies. The tribunal recognised that desk positioning had both practical and symbolic significance in this workplace. The back desk was where branch managers had traditionally sat and where books and ledgers were kept.
Before dismissing an employee’s concerns as trivial, consider whether there are deeper status implications at play that might not be immediately obvious to management.
Document role changes carefully
When changing an employee’s role or location, proper documentation is essential. The tribunal noted the employer failed to communicate that the claimant would be sharing branch manager responsibilities with a more junior colleague. Instead, the employee discovered this indirectly when told he would sit at a middle desk rather than at what was perceived to be the manager’s desk at the back of the office.
If this change in status had been communicated properly instead of coming as a shock things might not have snowballed.
Moving senior staff into positions where they might perceive a loss of status requires particularly careful handling. Transparency about the reasoning, proper consultation, and clear written communication about roles and responsibilities can prevent such situations from escalating to the point where employees feel they have no option but to resign.
De-escalate disputes
When an employee raises concerns, the priority should be to understand their perspective rather than immediately escalating the situation. The tribunal noted that when the employee expressed concern, instead of listening, the employer threatened disciplinary action and made inappropriate comments about the employee’s age, further damaging the relationship. It noted that this came after some particularly poor HR advice.
A cooling-off period and a proper discussion might have prevented what became an emotionally charged confrontation. Most employment disputes can be resolved through early intervention and active listening, before positions become entrenched.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
