When a desk move becomes a legal migraine – practical steps to avoid unnecessary employment headaches

A small disagreement with big lessons

A recent Employment Tribunal case shows how even what looks like a minor workplace issue - in this instance, a change in desk allocation - can become a legal dispute when communication breaks down.

In September 2025, a Tribunal heard the case of Mr Walker, a Senior Estate Agent, who successfully claimed constructive unfair dismissal following a disagreement over seating arrangements. While unusual on the surface, the case highlights the importance of clarity, communication and managing employee expectations.

Background to the case

Mr Walker had worked for an independent estate agent since 2015. For six years he was the Branch Manager of the Rickmansworth office, until he was relocated to a different branch in February 2022. A year later he was asked to return to the Rickmansworth office, following staffing changes.

What Mr Walker was not told, is that the managerial responsibilities at the Rickmansworth office had been split between him and a more junior colleague. The issue began when the junior colleague claimed the desk at the back of the office – a seat historically associated with the Branch Manager. When Mr Walker raised the issue, he was told he could sit at the middle desk - commonly viewed as a seat for more junior team members.

Why the desk move became significant

To many, changing desks may feel trivial. However, Mr Walker explained to the Tribunal that he viewed the move as a demotion from his previous role as the only Branch Manager. This view of being ‘downgraded’ was supported by the employer’s failure to communicate how his role would change, and the significance of the desk assignment.

Mr Walker’s concerns were dismissed by senior management, and he was threatened with disciplinary action if he did not return to work. Mr Walker resigned after a heated exchange with senior management and began his claim for constructive dismissal.

The tribunal’s conclusion

The claim was successful and Mr Walker was awarded £21,400.

The Tribunal concluded that the combination of poor communication, lack of transparency about the shared managerial role, and the symbolic downgrade associated with the desk move, was conduct likely to destroy or seriously damage the implied term of trust and confidence between an employer and an employee; meaning that, collectively, these factors were found to breach the implied term of trust between employer and employee, forming the basis for constructive dismissal. 

Practical steps dental practices can take avoid similar issues

Although the facts are unusual and seemingly insignificant, the principles are familiar: misunderstandings often arise not from changes themselves, but from how changes are handled.

The good news is that there are some simple steps you can take to avoid similar issues:

1. Communicate clearly and early – before making changes to roles and responsibilities, reporting lines or office arrangements, speak to the people affected and explain the reasons and implications of the changes. A simple conversation often prevents misunderstandings.

   
   

2. Document any changes – if roles, duties or responsibilities change, make sure the contractual documentation mirrors the actual working relationship.

   
   

3. Use your grievance procedure early and correctly – if an employee raises a concern, address it fairly and promptly.  Early resolution helps maintain positive working relationships.

Final thoughts

This case is a helpful reminder of two valuable things…

Firstly, the importance of employers being aware of how changes to status, responsibilities or markers symbolising seniority (such as seating arrangements) are perceived by employees. And secondly, that workplace dynamics reply not only on the written contractual terms of an employment contract, but also on the implied term of trust and confidence between employer and employee.

By prioritising open communication, transparency and respect for employees’ perceptions of their roles, practice owners and managers can reduce the risk of workplace issues escalating, event when the change seems as small as a seat.

We hope you’ve found this information useful. If you have any queries, or you think you may be at risk of one of your employees claiming constructive dismissal, get in touch, we’re here to help. Contact our Employment Team on 0330 088 2275 or info@buxtoncoates.com