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Dentons responds to reports of disciplinary referral over unfair dismissal row
The Solicitors Regulation Authority (SRA) in the UK is considering referring global law firm Dentons to the nation’s Solicitors Disciplinary Tribunal (SDT) after the firm was taken to court by a woman who claimed discrimination and unfair dismissal for taking maternity leave.
Jerome Doraisamy
In 2017, Bina Hale brought claims of unfair dismissal, automatic unfair dismissal by reasons of pregnancy, pregnancy-related discrimination and victimisation following dismissal from her employment as a recruitment manager with Dentons in the UK.
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The firm resisted her claims, arguing she had been fairly dismissed “by reason of redundancy without discriminating against her”.
In its determinations in December of last year, the UK Employment Tribunal held that while there was a “genuine redundancy situation” for the firm’s offices to resolve, “the principal reason Mrs Hale was selected and therefore dismissed was that she had been absent from work on maternity leave”.
The Tribunal also found that Ms Hale was “unfairly scored for her professionalism and unfairly scored as to her performance as compared to her colleagues”.
“Mrs Hale was subjected to the detriment complained of because she had taken maternity leave and for reasons related to her maternity leave,” the tribunal said.
With regard to a complaint of sexual discrimination, the Tribunal said that because the matters complained of were found to amount to pregnancy-related discrimination, there was no need to consider a claim of sexual discrimination, which relies upon the same grounds.
Legal media outlets in the UK are now reporting that the SRA is set to refer Dentons to the SDT, the nation’s legal disciplinary body.
SRA did not respond to questions from Lawyers Weekly in time for publication, but the firm acknowledged that a referral to SDT is being considered by the regulator, saying it is “disappointed” at the prospect of such a referral.
In a statement, Dentons said, "We are pleased that all the individuals named in this matter have been cleared by the SRA from further investigation and prosecution.
“However, we are disappointed the SRA is considering referring the firm to the SDT, based solely on the fact of the Employment Tribunal's original judgment, as we are committed to a working environment free of discrimination.
“Diversity and inclusion, as well as the highest standards of professionalism, are both very important priorities for the firm. Earlier this year, we reviewed our maternity policy to ensure it is aligned with market best practice, and we have also enhanced our family friendly policies to support working parents in various ways with both work-related and personal family challenges."
UPDATE: Since this story went to print, SRA responded with the following statement: “Our work on this matter continues.”
