£30k tribunal | Employee forced out for working from home to supervise gardener

A senior IT employee has successfully claimed constructive unfair dismissal after his employer took issue with him working from home to oversee gardening work, an employment tribunal has ruled.

Ben Wicken, former Technical Director at Akita Systems Limited, was awarded over £30,000 after the tribunal found that his employer’s handling of a breakdown in workplace relationships, including its reaction to him working remotely, amounted to a breach of trust and confidence.

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The Tribunal, sitting at London South and led by Employment Judge Burge, heard how tensions escalated following a mediation process between Wicken and Managing Director Christophe Boudet. A key turning point occurred in May 2022 when Wicken informed Boudet he would need to work from home to manage scheduled gardening work. This decision was not well received.

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“The Claimant called Mr Boudet and asked if they could move the meeting to a Teams meeting… because he had work being done in the garden and so he would need to be there,” the tribunal found.