Following an employment tribunal ruling criticising the bullying behaviour of a law firm partner, readers are reminded of the amended parts of the codes of conduct implemented by the Solicitors Regulation Authority. The codes strengthen the obligations on all solicitors and firm management to treat each other respectfully and call out bad behaviour.

In this recent case a former trainee, who was treated as though she was qualified, was awarded £36,000 for unfair dismissal against Gillen De Alwis Solicitors (now in liquidation).

The trainee had reported the firm to the SRA, raised concerns about the practice ‘numerous times’ and received no response to the grievances she formally raised.

She was summarily dismissed without any investigatory or disciplinary procedure, or notice.

The judge found that the firm’s founding partner Shehani De Alwis subjected the claimant to behaviour that constituted bullying and harassment. Despite her treatment, she was “sufficiently committed to her profession that she endured the unreasonable behaviour of her employer”. Unsurprisingly, her eventual dismissal had a direct impact on her mental health.

Wellbeing

The decision is encouraging news for aspiring and young lawyers who are vulnerable to potential bullying behaviour and abuses of power in the workplace. It should also serve as an important reminder that senior lawyers and management have a duty to foster a healthy and supportive workplace culture that excludes bullying and other unacceptable behaviours.

The regulator’s additions in the SRA codes of conduct on wellbeing inclusions could not be much clearer. Implemented in April 2023, the new parts of the codes state:

Code of Conduct for Solicitors, RELs and RFLs (s1) (maintaining trust and acting fairly):

1.5 You treat colleagues fairly and with respect. You do not bully or harass them or discriminate unfairly against them. If you are a manager you challenge behaviour that does not meet this standard.

Code of Conduct for Firms (s1)(maintaining trust and acting fairly):

1.6 You treat those who work for and with you fairly and with respect, and do not bully or harass them or discriminate unfairly against them. You require your employees to meet this standard.

So, all solicitors must meet expected standards of behaviour; and managers (the SRA defines who is a ‘manager’) are expected to challenge unacceptable behaviours. Imposing these obligations on everyone – including contractors, consultants and experts with whom regulated individuals and firms work - encourages an open, supportive culture in the workplace and respect for all.

Implementation of the amendments were quickly followed by updated SRA guidance - Workplace environment: risks of failing to protect and support colleagues - aimed at both firms and individual lawyers, on how to understand and comply with the requirements. Helpfully, the guidance is accompanied by case studies to illustrate the SRA’s approach.

The profession will welcome a noticeable improvement in workplace culture as a result of these changes, and a reduction of the numbers of claims like the one above.

This topic is being covered in our SRA Webinar Bundle, where you can learn more on Wellbeing at Work.