I recently came across the People Management article “DPD Driver Wins £20k in Tribunal After Colleagues ‘Gossiped’ About Four-Day Work Week.” As someone preparing to go on paternity leave in the new year, it was disheartening to read about such a negative outcome stemming from what should have been a progressive step toward challenging traditional gender norms.
This article explores both the positive and negative aspects of a large corporation’s processes, including poor management of staff following key decisions. The case centres around an employee who requested a compressed work schedule, proposing to work four 10-hour shifts from Monday to Thursday, allowing them to take Fridays off to care for their newborn. While the business approved this reasonable request, the article reveals management’s dissatisfaction with the decision, highlighting a flaw in the HR process. Specifically, it demonstrates a lack of alignment and communication with management to ensure they were fully supportive of the outcome.
Exploring the risks of poor HR practices
Compounding the issue, a breach of confidentiality occurred. Information about the employee’s reduced work schedule was disclosed to colleagues, leading to a hostile work environment. This breach not only violated the employee’s privacy but also fostered resentment among coworkers. The toxic workplace atmosphere ultimately forced the employee to resign. They later pursued legal action against the organisation, citing constructive dismissal — arguing they had no choice but to resign due to the hostile environment. The case was further supported by evidence of a breach of contract, as the employer failed to maintain confidentiality as required.
The tribunal ruled in favour of the employee, awarding £20,000 in compensation on top of additional legal costs. This case underscores the risks organisations face, even when attempting to accommodate employees, if such decisions are not managed effectively.
Preventing an Employee Tribunal case
When management became aware of the gossip and mistreatment resulting from the decision, there was an opportunity to intervene and mitigate the situation. Unfortunately, management’s lack of support for the compressed work schedule appears to have allowed the hostility to persist. This inaction provided sufficient evidence for the tribunal to conclude that the employee had been treated unfairly.
Workplace bias in flexible working arrangements
The article also notes that the employee faced an increased workload within their reduced working days compared to their previous schedule. This suggests retaliation, with management or colleagues perceiving the employee as “getting off lightly” by working only four days a week instead of five. Such behaviour reflects outdated attitudes about workplace roles, particularly concerning family dynamics. In today’s world, many families rely on dual incomes, and caregiving responsibilities are often shared equally. Decisions about flexible working arrangements are typically driven by practical and financial considerations, not outdated gender norms.
Finally, this case highlights a disappointing instance of gender-based discrimination. The tribunal rightly pointed out that a female employee requesting similar flexibility would likely not have faced the same backlash. Instead of celebrating a positive example of a male employee seeking work-life balance, the organisation failed to foster an inclusive and supportive environment. This reflects a broader need for workplaces to adapt to modern realities and ensure fair treatment for all employees, regardless of gender.
Progression in gender norms should be celebrated and not result in an Employment Tribunal. Here are my 5 steps to ensure your business makes the right steps forward:
- Stay informed: Keep management informed about policy changes and the support expected from the business in relation to those updates.
- Use inclusive language: Ensure policies are written in neutral, inclusive language and communicated to all staff as applicable.
- Provide clear channels: Provide accessible channels for staff to raise concerns regarding unfair treatment of themselves or others within the business.
- Celebrate success: Celebrate, where appropriate, the successful implementation of inclusive policies (e.g., sabbaticals, flexible working, job sharing).
- Monitor & adapt: Regularly assess the adoption of specific policies and gather feedback from employees to understand which initiatives would benefit them most.
