Court rules that ignoring employee’s greeting contributed to a breach of trust and confidence

Ignoring an employee’s “hello” may seem trivial but it can have significant consequences!  Showing you are annoyed with a member of staff in this way is unprofessional and can backfire as the case below reveals.

In a recent ruling, an Employment Tribunal held that an employer had contributed to the breakdown of the trust and confidence with their employee by failing to respond to the employee’s greeting.

Hanson (the “claimant”), had worked for her employer, (the “company”), as an Operations Manager in September 2023 after her previous employer was acquired by the company. Later that month, the claimant had arrived late to work due to a medical appointment. On arrival the claimant attempted to greet the company’s managing director and said hello to him three separate times, but the director refused to reply. The director had mistakenly thought that the claimant was late to work and he was not aware of her pre-approved medical appointment.  The director later called the claimant into a meeting where he dismissed the claimant’s attempt to show  proof of her medical appointment and suggested that she leaves. Following the meeting the director contacted two employees who report to the claimant, telling them that they would be receiving a pay rise without previously informing her.

The claimant resigned from her role in October 2023, as she felt undervalued by the company and was signed off work due to anxiety caused by her treatment. During the claimant’s absence, the director refused to pay sick leave and inferred that he did not believe that the claimant was genuinely unwell. The claimant brought a claim of unfair dismissal and a claim of unauthorised deduction from wages against the company, which were both successful.

The Tribunal held that the director had “already formed the view” that the claimant did not adequately perform her role and was relying on her colleagues, without having a discussion or conversation with the claimant to find out what work she actually did. The employer’s conduct was held to be “calculated or likely to destroy or seriously damage the trust and confidence between the claimant and [the employer]”.

The court’s ruling serves as an important reminder on how employers should treat their employees. If an employer does not have proper or reasonable cause, they should not make any assumptions which would impact how an employee is treated. How a manager views their employees will be crucial in any employment relationship and employers should ensure that they do not conduct themselves in a manner that is likely to undermine trust and confidence with their employees.

In this case, the court considered the fact that these events had taken place in a relatively short timescale and found that the director had made a “snap judgement” which was reflected in his later conduct. Employers should, therefore, take care and ensure that staff, particularly management, are effectively trained in order to reduce any risk of snap decisions or inappropriate behaviour which could potentially lead to long term issues for the company.

If you want advice on how to navigate your employee relationships, work place dynamics or how to balance the needs of your employees please get in touch with our employment team who will be more than happy to assist.