A former head of employment at a national firm who argued he was overlooked for promotion to equity partner has lost in his employment tribunal claim.
Gerard Airey, admitted in 2008, brought a complaint of constructive unfair dismissal and detriment due to health and safety against his former firm Ronald Fletcher Baker LLP. The employment tribunal, sitting at London Central, dismissed both complaints finding they were both not well-founded.
The judgment said the tribunal found Airey, who represented himself, to be an ‘inconsistent witness’. It added: ‘The claimant’s focus while employed by the respondent was largely on his own development, as opposed from the department that he ran.’
Employment judge Forde said it was ‘only in the last three months’ of Airey’s employment that the firm’s employment department ‘started to demonstrate that it could achieve the level of of financial performance which would satisfy the equity partners’.
By the end of Airey’s time at the firm, ‘total profitability for the department amounted to no more than £60,000 covering the entire period and was some way significantly short of the three-times salary target reasonably sought by the equity partners’.
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Referring to Airey’s claim that the firm’s managing partner Rakeebah Rahim’s conduct amounted to bullying, the judgment said she was not 'anything of the sort'. It added that Airey’s expectation of being promoted to equity partner was ‘unrealistic given the department’s performance’.
The employment tribunal also rejected Airey’s claim that he was demoted finding the allegation was a ‘misconception of the facts known to the parties at the time, including the claimant’. Dismissing the allegation, the judgment said: ‘It was plain to all concerned the claimant had not been demoted.’
A spokesperson for Ronald Fletcher Baker said: ‘We are delighted with the decision. The judgment vindicates the firm’s management and actions, finding decisions were “sensible” and communications “appropriate” while describing partners who gave evidence as “honest” and “credible”.'
The firm said it is pursuing Airey for recovery of costs.
