In a significant ruling, an employment tribunal has found that a law firm unfairly dismissed a solicitor amid accusations of client poaching through social media.
Terence Walsh, the owner of a law firm, made the decision to dismiss solicitor Lucy Crossman based on his belief that she was planning to divert clients from his firm via her personal Facebook account. This decision was made before the disciplinary hearing presided over by Walsh, casting doubts on the fairness of the procedure.
Lucy Crossman, who joined Walsh Solicitors in 2016 as a duty solicitor, had demonstrated a profound understanding of social media’s potential in legal marketing. She took steps to keep her former clients informed about her career moves through her personal social media accounts. The firm, however, claimed control over the account, arguing it was part of their property, further complicating matters.
The tribunal judge, based in Manchester, highlighted that Crossman’s approach blurred the lines between her personal and professional life, leading to potential confusion about who controlled client relationships via her social media presence.
After a series of disagreements with the firm over holiday entitlements and pay, Crossman decided to resign in early 2021. She updated her Facebook contact details with a new personal number for continuity of her professional presence, triggering accusations from Walsh that she was poaching clients.
The tribunal criticised Walsh for his fixed belief in Crossman’s alleged misconduct without a thorough investigation. Despite suspicions, it was determined that no clients were diverted from the firm, though her actions did undermine some trust.
Ultimately, the tribunal concluded that the law firm’s failure to engage in open discussions with Crossman to resolve misunderstandings about the Facebook account contributed to the unfair dismissal. It noted that Crossman also failed to fully explore alternative solutions regarding her contact details, which could have prevented the drastic steps taken.
As a result, the tribunal found Crossman’s dismissal to be outside the bounds of reasonable responses, even if a comprehensive investigation had occurred. The tribunal also decided to increase any damages awarded by 15% due to non-compliance with the ACAS code, with a 10% reduction due to Crossman’s partial responsibility.
Additionally, Crossman succeeded in claims related to wrongful dismissal and unlawful wage deductions. The law firm has agreed to compensate her with £11,500 in damages, marking a significant conclusion to a contentious legal battle.
This tribunal decision underscores the complexities involved in managing professional relationships through social media, highlighting the importance of clear communication and procedures within legal practices.
