Tribunal Rules Desk Assignment Led to Constructive Dismissal

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A senior employee forced to sit at a desk associated with a junior role was unfairly dismissed, an employment tribunal has ruled. The decision stated that such an assignment could make a senior worker feel demoted, potentially leading to legal consequences.

The case involved Nicholas Walker, a senior estate agent and director, who resigned after being told to sit at a “symbolically significant” desk. The tribunal found that his employer’s actions damaged trust, making his resignation a case of unfair constructive dismissal.

Walker, 53, worked as branch manager at Robsons in Rickmansworth, Hertfordshire, from 2017. In 2022, he transferred to the Chorleywood branch. However, in May 2023, he was asked to return after his replacement resigned.

Sales director Daniel Young decided that Walker would share management duties with a junior colleague, Matthew Gooder. However, Walker was not informed of this decision. When he returned, he discovered that Gooder had taken the back desk—traditionally used by the branch manager. Walker was assigned the middle desk, which he believed signaled a lower status.

Upset by the change, Walker messaged Young, saying, “I am not going back … and sitting in the middle.” Young failed to understand the significance of the seating arrangement. Walker immediately resigned, feeling he had been effectively demoted.

The tribunal agreed that Walker’s desk assignment amounted to a demotion. Judge Reindorf ruled that the employer’s handling of the situation damaged the trust between Walker and the company. Poor communication made matters worse, reinforcing Walker’s belief that his role had been downgraded.

The ruling emphasized that seating arrangements in the workplace hold both practical and symbolic importance. If a senior employee perceives reassignment as a demotion, it could justify legal action.

Walker’s compensation will be determined at a later date.

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