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Parsons V Bristol Street Motors EAT

Mr Parsons started work as a sales executive at the Peugeot dealership at Oxford in 1999 and by 2005 was co-managing it with Mr Lovelock.  In 2003 the dealership was acquired by Bristol Street Motors Oxford in 1999 and by 2005 was co-managing it with Mr Lovelock.  In 2003 the dealership was acquired by Bristol Street Motors.

Bristol Street thought that the dealership was under performing and in March 2005 a new manager was recruited for the Oxford operation, Mr Lawrence.  Mr Parsons knew Mr Lawrence from a previous employment and he did not welcome his arrival.  After several months Mr Parsons resigned,  complaining that Mr Lawrence’s behaviour had fundamentally breached the employment contract. 

Mr Parsons made the following allegations:

• Mr Lawrence was indiscriminately tactile with staff whom he slapped on the back, struck them in the testicles, punched in the arm or otherwise touched.  
• He used foul language and gave staff nicknames.  In Mr Parsons’s case, as the oldest member of staff in his late fifties, he was referred to as the “old parsonage”, “old buzzard” and “old git”.  In his defence Mr Lawrence accepted that he regularly used what is sometimes referred to as industrial language. 
• Dangerous behaviour in the work place was either instigated or condoned by Mr Lawrence including the use of an air gun, a mini motorbike and a go-cart.  

In May 2005 Mr Lovelock, told the MD, Mr May, that he was concerned as to Mr Parsons’s mental and physical well-being.  Mr May followed that up with Mr Parsons directly and said in evidence that Mr Parsons did not wish him to take the matter up with Mr Lawrence.  Accordingly he did not do so but told the company’s HR Manager, to keep an eye on things.

The last straw came when Mr Lawrence arranged a mock inspection of the Oxford site by a trading standards inspector.  That inspection gave rise to a concern that a real inspection would find the operation to be wanting.  That led to Mr Lawrence calling together his sales team and addressing them in terms which, were he a football manager, might be described as “the hairdryer treatment”.  Mr Parsons said that he was singled out for this treatment and resigned in response to it.

In his resignation letter Mr Parsons contended that he had been forced to resign as a result of Mr Lawrence’s managerial style and he had suffered physical and mental abuse and harassment.  Mr Lawrence refuted those charges and said “I make no apology for the change in regime”. 

Mr Parsons invoked Bristol Street Motors’ grievance procedure.  His grievance was eventually rejected by Mr May. 

The Employment Appeal Tribunal found that Mr Lawrence’s conduct was plainly and unarguably likely to destroy the employment relationship, and there had been a constructive unfair dismissal.

Actions for employers:

1.  Ensure that you are the “reasonable employer”; this means ensuring that language and behaviour is appropriate, considered, fair, lawful and proportionate. 
2. Avoid the use of nicknames, especially those based on physical characteristics, age or place origin.
3. Generally speaking, physical contact at work will be unacceptable.  There are some exceptions – for example, shaking of hands, or where the nature of the work requires it.
4. If you have concerns about bullying or harassment issues, don’t wait for a complaint.  Investigate and if your concerns are well founded, take avoiding action.
5. Take employees who act inappropriately through the disciplinary process.
6. Investigate grievances properly.  Keep an open mind and take appropriate steps to resolve genuine complaints.
7. Don’t allow or condone dangerous practices at work.  Take disciplinary action where employees have engaged in horseplay or other dangerous activities.  You can be prosecuted under the Health and Safety At Work Act for your employees’ wrongdoing.
8. If in doubt take expert advice.

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This entry was posted on Friday, April 25th, 2008 at 12:05 pm and is filed under Employment Law.