Ignore Subordinates At Your Peril? More from the workplace minefield
Posted on 1st November 2024 at 14:48
How did the case of Hanson v Interaction Recruitment lead to the newspaper headline “Not saying hello to a colleague could break law”? Quite readily, in a sense. The small but telling omission was one element in a chain of conduct amounting to constructive dismissal, being calculated or likely to undermine trust and confidence.
Following a corporate takeover, Ms Hanson’s newly acquired branch office had an unexpected visit from the new owner’s managing director, a Mr Gilchrist. From the single previous occasion when the two had met, Ms Hanson sensed an unwarranted snap judgment on his part that she was not pulling her weight, possibly through dislike of an ongoing WFH practice. Three times on the occasion of the visit did Ms Hanson wish him a good morning, and three times her greeting was ignored. An argument followed, involving an effective invitation to leave, and a rebuttal along the lines of “you’d have to make me redundant”. Prior to the takeover, she had 20 years’ service to her credit.
Within an hour, Mr Gilchrist had emailed the two employees reporting to Ms Hanson to tell them they were receiving a pay rise, having not first taken the trouble to mention this decision to Ms Hanson. Insult to injury was added when Ms Hanson’s sick pay during her notice period was withheld on the purported grounds that she was “faking it”.
After a relatively short hearing lasting a single day, with both parties representing themselves, liability was upheld on claims of unfair constructive dismissal and unauthorised deduction, with an assessment hearing to follow. Mr Gilchrist’s evidence was described as inconsistent and contradictory.
What are we to conclude? First and foremost, that this decision is not remotely likely to open the floodgates for complaints about not being greeted politely, or indeed having a greeting acknowledged. The Employment Judge made it clear that the deliberate withholding of such common courtesies might be a cumulative element of constructive dismissal. Equally it might not. The point of greater significance is that if a senior manager perceives lack of performance, this does not excuse the need to set about addressing the problem – whether via a quiet informal word or via performance management – in a reasonable manner.
Are you unsure what to do about an underperformer? Or are you on the wrong end of a new broom’s scattergun sweeping? We can advise on either side. Contact David Cooper on 0121 325 5402 or via dmc@coxcooper.co.uk .
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