Who’s been sitting in my chair?

And finally, a tribunal has found that forcing a senior employee to sit at a desk, which was viewed as a ‘junior’ desk, can amount to constructive dismissal. 

Walker v Robsons (Rickmansworth) Limited

Walker v Robsons (Rickmansworth) Limited, involved an estate agency. At one of the branches of the estate agency, the back desk was informally reserved for the branch manager, with more junior employees sitting in the middle.

The claim was brought by the branch manager because, after a period spent working at a different branch, he returned to his old office and was told to sit at a middle desk. He was upset about the desk he was given, perceiving this as the desk for the assistant manager. He resigned and claimed constructive dismissal.

A constructive dismissal occurs where an employee resigns in response to a fundamental breach of contract by the employer. Often, this means the employee alleges that the employer has broken the trust and confidence which underpins the employment relationship.

The tribunal agreed with the employee that the move to the middle desk was likely to destroy or seriously damage the relationship of trust and confidence, and it was reasonable for him to view the change of desks as a demotion.

The fact that the desk faux pas had been completely unintentional by the employer made no difference. He reasonably believed that the desk move constituted a demotion and resigned in response. His claim succeeded.

Be aware of your office culture and internal politics

This case is a lesson to employers to make sure that they understand the politics at work in their workplaces, no matter how silly or trivial they may seem from the outside. For some, it might be a special mug reserved for a certain employee or, as in this case, an unwritten seating arrangement which dictated seniority.  

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