89-year-old dementia sufferer wins legal case

He'd been sued by an employee

An asphalt business founder, suffering from dementia, has successfully defended an unfair dismissal case brought by the managing director of the company he founded in the 1950s. 

Eric Roberts, now 89, set up a tarmac business Eric Roberts Contractors Ltd in Cornwall, 65 years ago.

But a former managing director, Andrew Robson, claimed Mr Roberts made him redundant from his £50,000-a-year role and accused him of “running the business into the ground” during a recession. 

Judge Simon Cuthbert of the tribunal rejected the claim, and ruled that Mr Robson had resigned. The court heard that Mr Roberts had been diagnosed with dementia months before Mr Robson was promoted to CEO in October 2019.

Mr Roberts's solicitor Terry Falcão, from south west law firm Stephens Scown, said: “This was an important case because the claimant sought to exploit the vulnerability of the founder. He relied on the possibility that either Mr Roberts would not be able to give evidence or that, because of his dementia, Mr Roberts would be less credible that the claimant himself.

"He therefore fabricated a conversation in which he alleged Mr Roberts made him redundant. The fiction created was absurd because the business needed the claimant more than ever, and the “dismissal” and package which the claimant paid himself was beneficial only to the claimant.” 

The law firm says Mr Roberts used to pop into the office to see the employees, and liked to make suggestions. 

In a meeting in January last year, Mr Robson unexpectedly told Mr Roberts he would leave if the owner was unhappy with the way he ran the company. 

Mr. Roberts described how the managing director then asked the office manager to come into the room to take notes and in accusing Mr Roberts of dismissing him, did not let Mr Roberts speak at all. The office manager noted the comments of Mr Robson, and described Mr Roberts’ state of confusion, and inability to process the information.

Stephens Scown employment lawyer Terry Falcao

The next day Mr Robson asked Mr Roberts to sign a document, which he did without reading, trusting Mr Robson. Only later did he realise that it was a letter of dismissal.

Mr Roberts said: “I did not write this letter and did not know how to do the redundancy calculation. I am an 89-year-old man and I do not know how to use a computer and / or the internet.”

Lawyer Terry Falcão said: “Our strategy of affording Mr Roberts a chance to give evidence was not without risk, but in this case, the judge found Mr Roberts “credible and compelling”.

In cases where there are vulnerable witnesses, it is essential for the legal team to consider the risks carefully, against the principles which the client seeks to uphold.”

Mr Robson's claim for unfair dismissal was dismissed. Stephens Scown says he also took a Mercedes Van valued at over £23,000 as part of his settlement, having created a further fiction that he was entitled to a bonus and also estimated its value without reference to anyone. Mr Roberts' company is currently thinking about how it can get the van back, the overpayments made and also its legal expenses for a claim that it says was misconceived from the outset.