A tribunal has ruled in favour of a solicitor who claims unfair dismissal after exposing alleged biased work allocation at a law firm.
In a significant legal development, a solicitor has been granted permission to pursue a claim of unfair dismissal against Irwell Law, following allegations that he was penalised for raising concerns about biased work allocation. The tribunal, led by Employment Judge Cuthbert in Manchester, dismissed the law firm’s application to strike out the claim, allowing the solicitor’s pursuit of justice to continue.
The solicitor, Mr M Broomhead, was employed by Irwell Law until August 2023. He accused the firm of dismissing him in retaliation for a protected disclosure. He reportedly informed the firm’s compliance officer that another solicitor had manipulated work allocations to receive higher-paying cases, leaving less favourable cases for himself and other fee-earners. This practice, Mr Broomhead alleged, was an issue of public interest due to its impact on professional conduct standards.
Despite being initially dismissed with a three-month notice, Mr Broomhead was later summarily dismissed for gross misconduct, with claimed charges of insubordination and breach of confidentiality. He argues that these charges were fabricated to conceal his whistleblowing activities. Alongside the claim of biased work allocation, Mr Broomhead has raised issues related to age and disability discrimination, referencing his age and diabetes condition.
Judge Cuthbert highlighted the necessity of examining whether Mr Broomhead’s belief in the public interest nature of his disclosure was reasonable. The judge remarked that the claims concerning a lawyer’s conduct within the profession could indeed be viewed as having public interest implications.
Nevertheless, Mr Broomhead’s allegations of disability discrimination were struck out, as the tribunal found he lacked a reasonable prospect of proving substantial disadvantage due to his diabetes. This ruling underlines the complex nature of such claims within the legal arena.
The tribunal’s decision to allow the continuation of the unfair dismissal claim underscores the importance of addressing potential integrity issues within legal practices. Although Mr Broomhead faced setbacks, including a prior failed application for interim relief where he was ordered to pay costs, this recent ruling provides him an avenue to further litigate his claims.
The tribunal’s decision reinforces the scrutiny required in legal practice management and the protection of those who expose malpractice.
