A former director with international firm Gowling WLG caused a junior colleague to cry after putting ice down the back of her dress, a tribunal has heard.
Oliver Edward Bretherton, admitted in 2007, faces multiple allegations of sexual misconduct relating to three different women.
Bretherton is alleged to have put an ice cube down his younger colleague’s back during a night out at a club following a firm event.
The Solicitors Disciplinary Tribunal heard she turned to tell Bretherton ‘no’ and he said words to the effect of ‘you tell me where this is going’, in relation to the remainder of the ice cubes in his hand, and mentioned ‘her cleavage or elsewhere’.
Giving evidence, Person C said she left immediately after the exchange and later asked the firm to speak to Bretherton about the incident. The tribunal heard that Person C had never worked directly with Bretherton.
She said: ‘The ice was put down my back to which I turned around and firmly said no. I had eye contact with Mr Bretherton. He said where is the rest of the ice cubes in his hand were going, in my cleavage or elsewhere, to which I turned around and left immediately.’
She added: ‘I was crying as I was leaving and when I bumped into people.’
The tribunal heard Person C complained to a senior person in the firm but did not want the incident reported formally as she 'wanted to stay friends'.
She said: ‘I remember not wanting to cause a scene.’
Person C told the tribunal she was later told ‘Bretherton had apologised and he was sorry.’ She added: ‘Once I had that first interaction [with Bretherton after the incident] then any awkwardness I felt had dissipated but I do not remember having the same social relationship we did have prior to the [incident].’
‘Aside from the incident [at the nightclub] which I would say crossed the line, I could say that is correct [that Bretherton never abused his position].’
Person C told the tribunal she ‘would not have expected’ the comment made by Bretherton who was ‘a senior male colleague’.
She said: ‘There is an element of trust when you are 18, 19, 20 in the workplace, you will go out with your work colleagues after the firm party and you will be looked after and that [comment] went against everything.’
She told the court she ‘felt sexualised’. She added: ‘My cleavage is mine and not for him to comment on.’
Bretherton is now a banking and finance partner with virtual firm Gunnercooke.
He denies acting without integrity. The hearing continues.
