Lawyer in the News

Who? Meriel Schindler, 37-year-old head of employment law at 49-partner City firm Withers.Why is she in the news? She is advising a number of Britons based in New York for work purposes who, since the World Trade Centre attacks, wish to return home without breaching their employment contracts.

In one case, a senior fund analyst signed a contract before 11 September to set up his firm's New York office.

But after he and his seven-year old son both witnessed the attacks - and his son is still traumatised by them - he desperately wants to return home.Background: Degree in French and German at Exeter University in 1984-87, followed by the CPE and Law Society finals at the then City of London Polytechnic from 1987-89.

Qualified with Withers in 1991, and was made a junior equity partner in 1996.Route to the case: 'I specialise in advising senior executives, and have been consulted by many over the past few months either about whether they have to remain in New York, or whether they will still have to go there in the future.'Thoughts on the case: 'Firstly, you have to consider whether, in the aftermath of 11 September and its devastating effects on the economy, a case still stands in business terms for establishing a New York office.

Secondly, you have to examine the medical evidence as to whether the employee or his child is suffering from post-traumatic stress after witnessing the events.

If they are, and it's medically proven, then it's very unwise for an employer to insist that they fulfil their original contract and refuse to let them return.

Overall, you have to appreciate the condition of trust and confidence implicit in every employer and employee contract, and if it continues to be undermined then it may well lead to the employee's resignation, although we are still continuing with negotiations and hoping to avoid that stage.'Dealing with the media: 'Media coverage is a genie which is often better left uncorked, as you can find yourself arguing your case in a public forum over which you have no control.

It can be a double-edged sword, so the vital point is always to do what the client wants in terms of media attention, and as many employment and discrimination cases are deeply personal, we tend to try and avoid it.'Victoria MacCallum