A law firm which dismissed a solicitor two weeks after he joined has been found in breach of contract by the employment tribunal.
Employment Judge Peck, sitting in Manchester, ruled that criminal defence solicitor Michael Alexander was entitled to notice pay for his six-month fixed-term contract with Stockport firm Howards Solicitors.
The tribunal heard that Alexander initially discussed with managing partner Oliver Gardner the possibility of joining the firm in May 2022. Gardner was aware that Alexander was listed as a duty solicitor for Alexander’s then-employer. The judge found that Gardner assured Alexander that if an issue arose about being on the duty solicitor scheme then the firm would support him.
Alexander was offered a six-month contract on an initial £32,500 annual salary, rising to £35,000 after six months. The judge found that the requirement that Alexander be authorised to work as a duty solicitor was not absolute, and the employment contract made no express reference to him having authorisation.
Alexander started work in August but he failed to attend the offices to complete his induction. A day later, the firm became aware that its application for Alexander to be included on the duty solicitor rota had been rejected as a duplicate one had already been made by his former employer.
This issue came as a ‘surprise’ to the firm, but the tribunal heard that it did not act immediately and Alexander continued for another two weeks.
In the meantime, Alexander did not come into the office for training as requested, citing the 'hot weather’. Two weeks after starting, he was told his employment was being terminated with immediate effect.
The firm had said it was not commercially viable to keep Alexander on if he was not on the duty solicitor rota. It also cited his failure to take his laptop into court and his refusal to use the case management system.
The judge found that the terms of Alexander’s contract were that he could be dismissed only if there had been a ‘fundamental’ breach of contract and an actual repudiation. Peck conceded some ‘shortcomings’, including not attending the induction, but he had not refused to attend training and there was no actual repudiation of the contract.
The judge said an award of additional pay could be made for failure to provide a written statement of employment particulars. The amount will be decided at a forthcoming remedy hearing.
