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You couldn’t make it up!
Jun 27, 2008
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We should never place too much trust in the predictability of employment tribunals. It has to be said, some decisions verge on the absurd, such as the recent case of Parsons v Bristol Street Motors.
Terence Parsons (60) worked as a salesman at the Peugeot dealership in Oxford which had been acquired by Bristol Street Motors two years earlier. In their view, the dealership was underperforming and they appointed a new manager, Mr Lawrence. Mr Parsons knew Lawrence from a previous job and did not welcome his arrival – he had a reputation as a tough manager with an uncompromising style.
Within four months of Lawrence’s arrival, Parsons resigned from his job and claimed constructive dismissal.
The tribunal learnt that, among other things, Lawrence habitually grabbed colleagues ‘in the testicles’ and beat staff ‘black and blue’, slapping backs and punching arms. While the tribunal concluded that Lawrence was, indeed, indiscriminately ‘tactile’ with staff, he did the same to everyone, so Parsons was not being singled out.
They also heard that Lawrence called Parsons by various nicknames such as ‘the old parsonage’, ‘old buzzard’ and ‘old git'. He also made references to a bus pass. This was not a reference to Parson’s age, said the tribunal. Lawrence was talking about two salesmen who had been disqualified from driving and so were likely to use the bus.
There was evidence about foul language and dangerous behaviour in the workplace instigated or condoned by Lawrence including the use of an air gun. It was also claimed that Lawrence had addressed the sales team in terms which, were he a football manager, might have been described as ‘the hairdryer treatment’.
The tribunal nevertheless found that there had not been a constructive dismissal. It was left to the EAT to overturn this decision when they decided that such conduct was ‘plainly and unarguably likely to destroy the employment relationship’.
Partner William Morse who is recognised as one of the foremost employment specialists in the region, acts in many sensitive, complex and high value matters. A member of the Employment Lawyers’ Association, William is an experienced advocate, regularly representing business clients at tribunals. Contact william.morse@willans.co.uk