R3･12･13 at Tokyo District Court

【Judgement】 invalid dismissal

【Company】 Barclays

【Category 】 adjustment dismissal

【Reference】 Rodo Hanrei 1290-91

【Position/Salary】 MD in Syndication / JPY 43M

【Summary】

The Barclays Group, from the fiscal years 2016 to 2018, had periods of significant profits, an increasing number of employees, and rising total compensation for employees and executive officers, making it difficult to evaluate their performance as deteriorating. The Japan branch achieved its highest-ever profits in 2017, with an increase in the number of employees. The syndication department expanded its revenue on a group-wide basis. The defendant's syndication department has increased its revenue since 2015 and has continued to operate without reducing its business scale even after the termination in question, now generating revenue that exceeds the levels at the time of the termination. Given these circumstances, it is difficult to acknowledge that there was a sufficient necessity for personnel reduction to justify the termination.

In the defendant's work rules, while dismissal is stipulated in cases where transfer to other duties is difficult, along with the authority to order job transfers, it was envisaged that not only job reassignment but also demotion and the accompanying reduction in salary and bonuses should have been considered. However, the defendant failed to consider demoting the plaintiff or reducing their salary.

There is no indication that voluntary retirement offers were solicited or that reassignment orders were issued to other employees within the syndication department. It is difficult to ascertain that objective and reasonable criteria were established for the selection of the affected individuals.