A company director was awarded PS15,000 as compensation after being asked to’shut-up’ during a meeting.
David Ashe was the director of operations for Claims Equilibrium Club. This service provides assistance to insurance brokers and clients.
Roger Topping was the managing director who had recruited him for the position. He was also being groomed as a possible successor to lead the company. Ashe was first trained by Topping as a loss assessor between 2008 and 2012.
The tribunal heard Ashe’s performance was required to be satisfactory in order for an agreement regarding the purchase equity in the firm to go through. The offer was withdrawn, but there was no relationship breakdown between Ashe and the company.
Ashe’s first year as a director was smooth, but cracks soon appeared in his relationship with Topping. Topping claimed that Ashe wasn’t building relationships with brokers because he had not been in the country for several years.
The relationship deteriorated after multiple meetings that failed to produce any business. Ashe said that Topping was “stuck” in his ways and that he did not receive any work or supervision of other people’s work.
Ashe responded to an email exchange regarding the weaknesses of his team by admitting that he had “grown more and more frustrated” with their relationship, adding that he “was not the 22-year old boy who worked for you sixteen years ago…I don’t believe you intend to belittle my but this needs change”.
Topping and Ashe met at a later date to discuss their previous agreement to sell Ashe 50% of the equity in his business within five years, for a fixed sum. Topping offered Ashe to buy the entire business, but Ashe refused.
Topping stated that Ashe’s fee earnings were “disappointingly low” and he had no chance of gaining a bonus in his second year at the firm. He claimed that Ashe’s earnings were “disappointingly small” and that he would not be receiving a bonus for his second year.
Topping accepted that Ashe would be able to stay on and do support adjuster duties at an agreed-upon salary. He asked if he wanted to continue working. He confirmed that the relationship was not improving, and the partnership and equity sale were unlikely to happen.
Grievance
Ashe continued to work in the role for several weeks, and then filed a complaint in June 2024. He cited the removal of the Purchase Agreement, which was fundamental in his decision.
He also claimed that the document he received before joining the company did not give him the complete picture, and that the contract he signed had been changed to include the car allowance in his salary.
He also complained about “general hostility toward him which was nothing less than bullying and intimidation, and that could not continue as long as he remained with the company”.
Ashe spoke to the tribunal about Teams’ fortnightly meetings where the top staff member shouted him down and told him to “shutup”. He felt this was an inappropriate thing between senior staff.
Topping called a HR consultant for assistance with the grievance. Topping didn’t deny that he told his colleague to stop talking, but the grievance was only partially upheld.
Sick Leave
Ashe went on sick leave and finally resigned in September 2024 claiming breach contract. Topping claimed Ashe broke the contract because he did not meet the goals they had discussed.
Lucy Wiseman , a judge in the employment field, ruled as to Ashe’s constructively unfair dismissal.
She said: “The Tribunal found that [Ashe] was not able to tolerate Mr Topping’s behaviour, if judged sensibly and reasonably.”
She stated that the tribunal reached this conclusion because of “the cumulative effect of withdrawing the share purchase option; the breakdown of the relationship…and the fact that Mr Topping undermined the claimant before other staff members by telling him to “shut-up” during a meeting of staff.”
The company will now have to pay Ashe PS14,568 in compensation. This is a 50% reduction of the maximum award as the company felt that “the claimant had a 50% responsibility for the breakup of the relationship”.
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