A manager at a Mini Cooper dealership sued his ‘horrid’ boss for harassment after she pocket dialled him while he was putting his child to sleep.
At an employment tribunal, Paul Bryant alleged that phone call was part of a campaign of bullying by his boss Karen Plane.
Mr Bryant argued that Mrs Plane’s behaviour amounted to harassment and the Mini Cooper manager – who worked at the car dealership for nearly 20 years – kept a journal of incidents he was allegedly subjected to at work.
However, East London Employment Tribunal dismissed his harassment and wrongful dismissal case and Mr Bryant lost his case against Group 1 Retail Ltd, which owns Mini Cooper dealerships.
Mr Bryant was retail manager at the Mini Cooper branch in Colchester, Essex.
Mrs Plane was hired as the Mini Brand Manager at the branch from April 2022 – less than a year after Mr Bryant became retail manager there.
Mr Bryant was told by a colleague that Mrs Plane was bullying them – leading to concerns being raised to their line manager.
Due to the ‘bullying incidents’, Mr Bryant kept a journal between August 2022 and November 2023.
At an employment tribunal, Paul Bryant alleged that the late night phone call was part of a campaign of bullying by his boss Karen Plane (pictured)
Mrs Plane described this as ‘creepy’ during her evidence at a tribunal.
In August 2022, Mrs Plane told a member of staff that they would not pass probation because of their sales performance, yet Mr Bryant stood up for him and said he was one of the best in the team.
Mrs Plane replied by saying: ‘You need to back me up and tow the company line! If you don’t it will be very difficult for us to work together.’
She later said it would not be ‘wise’ for Mr Bryant to attend further performance review meetings.
He then said to another boss: ‘I know you employed her, but that woman is a piece of work. She is horrid.’
Mr Bryant and Mrs Plane clashed on a number of other occasions in the workplace which culminated in his resignation.
In March 2023 Mr Bryant took a week off work with Covid-19 and then worked for three days from home.
On the final day of the month, which was his day off, he spoke with Mrs Plane on the phone where she said that she was ‘disappointed’ that he was not ‘committed to the cause’.
Mr Bryant kept a journal of incidents involving Mrs Plane which he says he was subjected to at work. Mrs Plane described this as ‘creepy’ during her evidence at a tribunal
She claimed that she was ‘shattered and would have appreciated the support’.
On July 13, 2023, Mrs Plane called him at 9:42pm interrupting his son’s bedtime routine.
She claimed it was a pocket call but he believed that it was an act of harassment.
At a meeting in September, he told her that he was ‘fighting a losing battle’ and that he felt like he was being pushed out the business.
He resigned in November and took the case to the employment tribunal in East London.
Mr Bryant claimed that he was constructively dismissed as a result of what he called ‘persistent bullying by his line manager and the failure of Group 1 Retail to adequately investigate that bullying’.
The former manager claimed he was entitled to 12 weeks’ notice because of the 18 years he had worked there.
However the company said that he resigned and therefore waived his right to a notice period.
Employment Judge Rebecca Freshwater said that he was not constructively dismissed and that he had not been bullied or threatened.
His claims of constructive dismissal and wrongful dismissal were dismissed and Judge Freshwater said the pocket call was not harassment.
Judge Freshwater said: ‘Mrs Plane does not recall making this call, and it seems more likely than not that it was a ‘pocket call’. In other words, an accidental call.
‘[Mr Bryant] did not answer or call Mrs Plane back given the timing of the call, which is perfectly reasonable.
‘There were no further calls or voicemail requiring [Mr Bryant] to take any action.
‘[Mr Bryant] considered the lateness of this call to have been an act of harassment by Mrs Plane.
‘However, I do not find this to be the case. There is no evidence to support the assertion.’
Judge Freshwater continued: ‘On the evidence before me, [Mr Bryant] has interpreted what has happened as bullying and mistreatment and that he was being forced out of his job.
‘[He] seems to have formed the view that [a colleague] had been forced out of his job… and then to have proceeded on the basis that the same thing would happen, and was happening, to him.
‘He viewed every interaction with Mrs Plant through that lens even when there was no basis to do so (for example in respect of the phone call on 13 July 2023).’