Solicitor wins unfair dismissal case

A solicitor whose job was axed weeks after qualifying as a result of the credit crunch has won her unfair dismissal claim.

Kirsty Daly, 25, of Glasgow, was offered a permanent post in January last year with Semple Fraser LLP, eight months before she had completed her two year traineeship at the firm's Glasgow office because her work was so good.

She commenced as a qualified solicitor on 1 September last year in their St Vincent Street offices, but was made redundant eight weeks later.

Now a Glasgow employment tribunal has ruled her dismissal was unfair as her selection for redundancy was unfair.

The tribunal heard that Miss Daly and Seumus O'Gorman, an English-qualified solicitor with two years' post qualifying experience, who joined the firm in April last year, were both considered for redundancy by partner Stuart Russell, who considered both were "at the top of their game". Miss Daly was advised on October 7 that she was at risk of being made redundant. Mr O'Gorman was on his honeymoon at the time. Miss Daly later said she felt her redundancy selection was a "done deal" as the firm had already decided to retain Mr O'Gorman. This was refuted by Mr Russell.

She appealed against the decision, unsuccessfully.

In its written judgment, the tribunal said it did not believe Mr Russell deliberately favoured Mr O'Gorman. However it was unfair to award Mr O'Gorman a point in the selection process for his appointment as a mentor when it was not considered whether any actual mentoring work had been carried out. As a result she had been unfairly selected for redundancy.

However the tribunal concluded that, due to the downturn in business, it would not be reasonably practicable for Miss Daly to be reinstated.

The tribunal continued the case to allow parties to reach agreement on compensation.