A senior figure at a law firm who made a series of inappropriate comments to junior colleagues at a work social event must get permission to work in the legal profession again.
Darren Shaw, formerly a chartered legal executive with Keller Tillman UK Ltd (now KP Law Ltd) and head of financial products and manager of the Manchester office, was found by the Solicitors Disciplinary Tribunal to have overstepped professional boundaries and abused his position at the event in October 2022.
The tribunal said Shaw’s proven misconduct involved unwanted and inappropriate sexualised remarks and/or advances and coercive behaviour directed at more than one colleague.
Its ruling said: ‘The tribunal accepted that Mr Shaw did not desist when objections were made or when discomfort was apparent, and that the power imbalance made it more difficult for junior colleagues to challenge his behaviour at the time.’
He was given a section 43 notice, which prevents him working for any regulated firm without securing Solicitors Regulation Authority permission.
Shaw had not been present for his hearing earlier this month and was not represented. It was not clear in the ruling why, as a non-solicitor, he was made subject to tribunal proceedings when the SRA itself has the power to impose a restrictive order.
In an email to the tribunal in January, he maintained he never set out to cause harm or distress and referred to a ‘corral of people’ in a different office ‘encouraging each other to make wild assertions without evidence after the event’. He pointed out that CILEx Regulation had not pursued a case against him and criticised his firm for a ‘flawed’ investigation process where he was ‘ambushed’.
The tribunal heard that Shaw had been involved in presenting at a firm-wide annual conference in Manchester. During the evening one of the raffle prizes included a Virgin Experience Day. When that was announced he loudly made a comment that it would involve winning a night with a female staff member referred to as Colleague A. Her colleague later reported feeling ‘incredibly uncomfortable’ about the comment.
After dinner, attendees socialised with a band and DJ, during which Shaw pulled female staff in to dance and held their hands and waist. Some of these women appeared uncomfortable and tried to pull away.
Shaw approached one colleague in a wheelchair, took her hands invited and tried to pull her on to the dancefloor. When she told him she did not want to dance, he replied: ‘Oh stop, you’re teasing me.’ She later reported that she felt uncomfortable and vulnerable because Shaw controlled her wheelchair, removing her autonomy and leaving her unable to move away.
Female colleagues later said they had worried about speaking up at the time because of Shaw’s senior management role. One reported feeling ‘violated’ and ‘uncomfortable’ while another had ‘wanted to cry’.
Following an independent investigation by the firm, Shaw was issued with a final written warning and banned from drinking alcohol at work events or being alone with any female staff outside of those in his own office.
The tribunal found Shaw’s misconduct was ‘serious and wholly inconsistent with the standards of an individual involved in legal practice’.
It added: ‘Viewed cumulatively, the tribunal considered the conduct to demonstrate a failure to maintain appropriate professional boundaries, an abuse of seniority, and behaviour apt to cause offence, humiliation, and distress.’
The tribunal noted that Shaw had not apologised or shown remorse in any meaningful way. As well as the section 43 notice it ordered that he pay £20,670 costs.
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