Nicholas Walker, 53, worked as a branch manager for Robsons, an estate agency in Hertfordshire, for five years before he was transferred to a different branch in 2022. Upon his relocation, he was assigned a “middle” desk instead of the “back” desk, which was traditionally reserved for the branch manager.
Walker claimed that the decision undermined his status and seniority, effectively amounting to a demotion. He told the employment tribunal that the desk at the back of the office carried both “practical and symbolic” importance, as it was historically used by managers and stored the office books and ledgers.
Boss’s Reaction Sparked Resignation
When Walker’s manager learned of his objection, he allegedly expressed disbelief that “a man of his age” was “making a fuss” about a desk. Feeling humiliated, Walker resigned immediately and sent a message to his boss stating:
“I am not going back … and sitting in the middle.”
Walker, who was also a director of the agency, later sued Robsons for unfair constructive dismissal and age discrimination.
Tribunal Rules in Walker’s Favour
Employment Judge Aku Reindorf ruled that assigning a senior employee a desk that “does not befit their status” could logically be perceived as a demotion, especially when a junior colleague was allocated the back desk.
“From Mr Walker’s perspective, being told to sit at a middle desk while a junior colleague was allocated the back desk amounted to being told he had the role of assistant manager,” the judge said.
The tribunal concluded that the management’s conduct was “likely to destroy or seriously damage the relationship of trust and confidence” between Walker and his employer.
While Walker won his unfair constructive dismissal claim, the tribunal dismissed his allegation of age discrimination.
