A Scottish solicitor’s claim against the Law Society of Scotland over how it dealt with professional disciplinary allegations against him has been dismissed.
Solicitor Patrick McAuley was facing allegations arising from his communications with three individuals including Roddy Dunlop KC, the dean of the Faculty of Advocates, in 2024.
McAuley brought an employment tribunal claim against the Law Society of Scotland arguing they had treated him unlawfully by failing to follow applicable policies and failing to respect his rights in relation to investigatory timelines. He claimed direct discrimination, harassment and victimisation against the society and, according to a previous judgment, sought £100,000 compensation or £75,000 for injury to his feelings.
His claim was initially dismissed on jurisdiction grounds. An application to reconsider the decision saw the claim against the society permitted to proceed as McAuley had a ‘reasonable prospect of satisfying the criterion of being in the interests of justice’.
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However in a written judgment, employment judge L Wiseman, along with tribunal members Farrell and Singh, dismissed McAuley’s claim in its entirety.
McAuley's complaint that the Law Society opened an investigation within the 28-day appeal period and then suspended the investigation rather than abandon it was rejected. The Legal Profession and Legal Aid (Scotland) Act 2007 makes clear that where a conduct complaint is remitted to the regulator it must investigate. 'The respondent does not have an option,' the judgment stated. 'There was no evidence to allow the tribunal to understand why the claimant considered an intimidating (etc) environment had been created.’
The judgment also noted that McAuley’s conduct during the hearing had been ‘at times, not appropriate’. The judgment continued: ‘He was given two formal warnings by the employment judge (the first for calling the judge a “misandrist bigot”, pointing at her and challenging her; the second for being argumentative and badgering the witness).’
