Sensing my reluctance to be fighting on the side of evil corporate giants The Boss decides to teach me a lesson.

“Ah, Helen.” he smiles.  “As you failed, so shamefully, to get to grips with the Edwards case, the other week, I’ve devised another task to test your mettle.”

He hands me a slim red file.   “This is a favour for a friend of mine so you’d better do it well.  He needs it to be settled as quickly and painlessly as possible. ”

“Ok,” I nod.

“Now, just to be clear,  we are acting for the employer and not the employee.  Have you got that?”

“Yes,” I say, through gritted teeth.  

“Good.” He gives a malevolent snort and retreats.   

I open the file and pull out the bundle of papers.   Inside is the longest “letter of claim” I have ever laid eyes upon.   And more astonishingly it is addressed to a law firm!  

“Dear Sirs,

Re The Termination of My Employment

I write further to our recent discussions regarding the decision to make me ”redundant.”  I am advised that I have a very strong case for unfair dismissal against the firm, as it has failed to carry out a fair selection process; conduct a consultation procedure; devise a selection “pool”, identify selection criteria or consider the issue of alternative employment.   In short: failed completely to comply with  the usual legal processess.

In the current economic climate it will be more difficult for me to  find another job.  If the firm had followed the proper procedures I do not feel I would have been selected for redundancy but, if I had been,  I would be in a better position to find an alternative position.   I, therefore, expect to be compensated for my ongoing losses.   My  calculations of these are set out at the end of this document.

Background

I have been employed by this firm for seven years.  I trained here and subsequently qualified into the corporate structuring team.    I have been a loyal and hardworking member of the department; consistently exceeding my targets and devoting a large amount of time to both business development and training.   I have had numerous articles featured in leading industry publications (copies enclosed); my appraisals have always been excellent and my attendance record is exemplary.   By way of example,  my most recent appraisal states that I am “a determined, hardworking and extremely dedicated member of the team. “  I achieved the highest bonus of any individual last year and I was selected for secondment to one of the firm’s best clients. …”

Blimey, I think, if she’s not good enough to escape the axe, who is? 

“I was informed of the decision to make me redundant at 5.30pm on Friday March 6th.” It continues. “ I was involved in a discussion with Mr Francis regarding a matter I was assisting him on.  At the end of the meeting he stood up and said: “Oh, by the way, sorry, but we’re making you redundant.  We’ll chat about it next week.   Have a nice weekend.” 

He then left.  Needless to say, I was shocked and upset.

On the Monday morning I approached Mr Francis for a meeting but he refused to speak to me.   I then received an e-mail from the Personnel Manager which said the following:

“The Firm has, regretfully, selected you for redundancy.    Please make arrangements to complete any oustanding work.   We will then allow you to leave your post and pay you in lieu of notice.  We would like to thank you for your efforts and wish you well in your new ventures.”

When I tried to invoke the Firms’ grievance procedure, I was told it was “not appropriate”.   Mr Francis refused to speak to me, save to ask me to hand my files over to him.   When I refused, I found my office barred and a security guard waiting to escort me from the building.

This was extremely distressing and, as a result, I have no choice but to pursue my legal rights.

The firm has made no effort to follow the prescribed redundancy processes and  I am at a loss to understand how the decision to select me for redundancy can be justified.  The only conclusion I can draw is that I have been singled out because I am the only member of staff to have rejected the advances of Philip Carlton. 

“Oh!!”  I let out an involuntary squeal.

“Everything ok?” Melinda sticks her nosy head round my door.

“Yes, thanks.” Go away!

“Sure?” she says, quizzically.

“Yes!” Buzz off!

“Ok…….” She flashes me an odd look but retreats.

I resume my studies. Eager to find out what happened.

“As the firm is aware,” it goes on, “Mr Carlton has ruthlessly and persistently preyed on young female fee earners for a number of years.  Although a number of women have complained to Personnel, no action has been taken against him.   Between August and December 2008 Mr Carlton made a number of overtures to me, culiminating in his inviting me to his hotel room after the firm’s Christmas Party.   When I declined his offer his response was that I should reconsider, as, he said “turning down a partner, was a sure fire way to lose my job”.   I reported this to my line manager but it was dismissed as “light hearted banter, not to be taken seriously”; however, as I have now lost my job and there is no evidence to prove that any meaningful consultation took place, I can only conclude that it was as a result of Mr Carlton’s threat being carried out……………

And so it goes on,  and on, detailing every unsavoury overture he has made, ending with a request for two year’s salary and a reference.

“I look forward to receiving your response.   In the meantime, my rights, of course, remain reserved.

Yours sincerely

Amelia Walker”

I read it again, lingering over the salacious details.  Then I pick my way through her excellent HR records and appraisal history until I reach a note from the HR manager:

“STRICTLY PRIVATE AND CONFIDENTIAL

In view of the downturn in profits, there is a need to reduce the number of personnel within the company/commercial/property departments.   To avoid the publicity associated with large scale redundances a policy of “selective euthanasia” will be deployed.  Partners in each team are asked to nominate individuals they wish to remove and inform them.   HR will then seek to agree an acceptable package to secure their peaceful exit.   The selection will continue on a rolling basis until employee numbers by 10%.  Partners may need to be able to justify their selection though it is hoped that HR will be able to manage-out employees without recourse to legal proceedings.”

“So that’s their game: pick employees off one by one to avoid the risk of collective action and bad  press!  Poor Amelia is targetted by her lecherous boss not knowing she’s part of the ‘selective euthanasia’ programme!”

 I am muttering, darkly, about law firms being like fascist states, when The Boss returns to see how I’m getting on.

“Well?” he demands.

“Well what?” I huff.

“What do you think?”

“I think it is dreadful,” I fold my arms.

This provokes another snort of amusement.  “It’s business,” he laughs.

“It’s illegal, sexist and appalling,” I assert.

“It’s life!”

“Does CWS indulge in these sorts of practices?”

“Of course it does!” he roars. “It’s the law of the jungle. ”

“The jungle would be more civilised,”I sniff.

“Well, whatever you think, your views are irrelevant.  We have been asked to advise them on how they can dispose of Ms Prissy Knickers and that is what we shall do.”

Without stopping to listen to my protests,  he demands that I draft a response. 

“Tell her that her lewd allegations are unfounded and if they have been added as some unsavoury form of leverage, she will suffer the consequences.  Stick something in about how hard the job market is at present and how grateful she should be for a reference and a pay off.  Ok?” he gives me a menacing look.

“Ok,” I snarl.

“Good.  I don’t want any more of this trade union nonsense.”

Bristling with indignation, I place my hands on the keyboard and will myself to type the sort of response he expects.  Nothing happens.  I cannot command my fingers to create such lies.  I start again.  And again.  But it’s no good, no matter how hard I try, the keys keep forming the same message.

“Dear Ms Walker.

Thank you for your letter of the 2nd April 2009.  You are quite correct in your assumptions; the firm is staffed by pre-historic, lust-fuelled lotharios and, as such, we should like to offer you our deepest apologies and a cheque representing two years’ wages.  We trust this is acceptable.  Enjoy your holiday.

Kind regards”

The Boss strides back in.

“Well? Have you finished yet?”

“Not quite,” I quickly close my file.

“Well, get on with it.  We haven’t got all day.”

He disappears so I try again: forcing my brain to do as instructed.  But it won’t.  I cannot bring myself to do it to a fellow assistant!

 Jane appears and I explain my dilemma. 

“Amelia could be me!”I wail. “How can I betray a comrade-in-arms?”

She skims the paperwork and nods.  “Law firms never apply the law to themselves.   Poor girl has been well and truly stitched up, hasn’t she?   Lucky for her that she’s got you as an opponent.”

“What do you mean?”

“You know what I mean.”

I don’t.

She rolls her eyes.  “Lucky for her she has someone so sympathetic and so knowledgable on the other side………”

I am still none the wiser.   I pull a puzzled face and she lets out an enormous sigh.

“I mean,” she gives me a penetrating look.  ”Lucky for her she has someone on the inside…..”

“The inside?”

“A double agent.”

“A double agent?!” I scoff.  “Like Kim Philby?”

“Er, yes, if you like,though I was thinking more: Mata Hari.”

“I can’t do that!”

“Why not.”

“I’ll be sacked!”

“Not if you don’t get caught.   And you won’t.”

“Of course Iwill!    The Boss is bound to find out and then I’ll be dismissed from my post, struck off the roll and forced to abandon my legal career forever!”

“That’s a bad thing?” 

We both look at each other and laugh.

“This could be the chance you’ve been waiting for: become a modern day Robin Hood!” she chuckles.  “Rob the rich city fat cats and pay the poor down-trodden employees!”

There is something very appealing about that idea!  

“I’ll think about it.”

“Well, in the meantime,” she smiles.  ”don’t worry about your writer’s block, I have just the thing.”

Leaving me with images of green tights, merry men and evil sheriffs flashing about my head, she retreats to her office.    She reappears a few moments later, clutching a lever arch file with “PRECEDENTS” on the side.  She extracts one and hands it to me.

“Use this.”

“Dear Ms Black,” I read.

‘We regret to inform you that your contract with this firm is terminated with immediate effect.   The allegations you made about the behaviour or our senior partner are deeply slanderous.  Should you persist in making these claims, we shall have no choice but to seek an injunction against you for damages and costs.    

 We enclose your P45 together with a cheque which represents the balance of your wages.    Should you seek to repeat these allegations in any legal context any such claims will be vigorously defended.   When they are proven to be false we shall pursue you with the same determination to recover our costs” etc etc

“What did you do?” I ask.

“It was when I was a paralegal.  Some disgusting old lech told me I should swap trouser for short skirts.   I rang The Law Student Helpline and reported him.”

“What did they do?”

“Nothing.  They said it was not their remit.  But they passed the message on to Personnel who promptly sacked me.”

“No?!”

“Yes.” 

“That’s terrible.  How did you cope?”

“Got another job and vowed never to speak to The Law Student “Helpline” again!”

“Did you repeat the allegations?”

“Of course I did!” she chuckles. “I posted them on every legal website I could find!”

“And did they pursue you?”

“No, cos everything I said was true.  He was a disgusting old lech and they all knew it.”

He must have been to have picked on Jane.   No normal man has ever chanced it.  Still, her letter provides me with the impetus I need.  I create a suitably threatening response and show it to The Boss.

“Very good,  Helen.  I especially like the bit about the injunction.  Nice touch.  I see your intimidation skills are improving.  I shall have to watch my back!”

“Yes,” I agree.  “You shall.”

He looks at me and realises I’m serious.

“Well,”  he guffaws, “I’m glad to see that you have finally got over that master/servant thing you had such difficulties with!”

 ”Yes,” I smile, “Jane helped me with that.”

“Jane?” That stops him laughing.

“Yes.”

“Really?” he looks astonished.

“She said I shouldn’t worry about my professional duties conflicting with my private beliefs.”

“She did, did she?” he raises a quizzical eyebrow.

I nod.  

“Well, she is right, you shouldn’t.  Now, now that’s clear, I trust you can apply your newly acquired skills to resolving the claim as quickly and painlessly as possible?”

“Absolutely,” I smile.

“Then I shall leave it to you to use whatever tactics you think are  most appropriate.”

And with that endorsement ringing in my ears, I set about doing just that…….!