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London lawyers in trouble over unfit e-mail

OUT-LAW News, 30/09/2003

The Law Society is expected to reprimand three solicitors with London law firm Charles Russell over a flippant e-mail that suggested replacing a departing black secretary with a "fit busty blonde." The firm has already settled a tribunal claim of sex and race discrimination.

Rachel Walker, a secretary with Charles Russell, handed in her notice to the firm in 2001, prompting assistant solicitor Adam Dowdney to e-mail a partner, Clive Hopewell, asking, "Can we go for a real fit busty blonde this time? She can't be any more trouble and at least it would provide some entertainment!!"

According to the Guardian, Mr Hopewell replied: "I was about to say the same!"

Ms Walker saw the e-mail and complained to the firm's head of personnel. Letters of apology followed from both Dowdney and Hopewell, but Ms Walker took her case to an employment tribunal. In February last year the sex and race discrimination claim was settled for an undisclosed sum, although reports at the time indicated that Walker was awarded £10,000. The firm did not admit liability.

The Law Society took up the matter and launched an investigation through its Office for the Supervision of Solicitors (OSS).

According to a report on RollonFriday.com the OSS is now expected to recommend that the Law Society reprimand Dowdney and Hopewell for breaching the Society's anti-discrimination rules.

The senior partner of Charles Russell is also to be reprimanded, says RollonFriday – because the firm did not take appropriate investigatory or disciplinary action.

Tribunal actions on the basis of discriminatory or harassing e-mails are becoming more common. Last month, in another case, a woman received £10,000 in a settlement with her former employer after nine colleagues circulated obscene e-mails about her, which she discovered by chance. She argued that her employer failed to take the matter seriously.

 

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