Sexy Christmas cards

[The Todal]

An example of inappropriate conduct in the workplace. I'm rather
surprised that young men send such cards and messages without being
absolutely sure that the recipient won't be upset by them. Is it
vanity, the belief that they are irresistable to women?

Still, probably not quite as bad as a dick-pic. Whatever reprimand he
has had from his employer, it didn't quite justify a formal rebuke from
the Solicitors Regulation Authority.

https://www.lawgazette.co.uk/news/trainee-solicitor-cleared-after-giving-colleague-suggestive-christmas-card/5110816.article

quotes

The tribunal heard that Fouracre, a trainee solicitor with Dentons UK
and Middle East LLP, had already received a warning for a crass comment
to secretaries at an office party. He was then reported to the firm by
another trainee seconded to the firm who had received a Christmas card
from him.

In its message, he talked about buying her a vibrator for Christmas and
said it would give her a ‘proper buzz’. The message finished with an
invitation to meet in the new year and signed off with ‘Wishing a sexy
Yorkshire babe a great Christmas. Love Adam xxx’. He also gave the woman
two presents which were handed back to him, and sent messages to her
personal mobile phone.

The SRA’s investigations officer initially recommended a £2,000 fine,
which was downgraded to a rebuke by an adjudicator. In their decision
notice, it was stated that activities carried out from an office ‘must
be broadly interpreted to include conduct and behaviour between work
colleagues, including other trainees. This applies unless and until any
work relationship moves into the private sphere. This is not such a case’.

Fouracre appealed on several grounds. He said the adjudicator was wrong
to state that the conduct was in relation to his role and position at
the firm and not in his private life. He also argued that when he left
the card he had ceased his duties as a trainee solicitor and was leaving
the building to go home, so the adjudicator had no jurisdiction to
impose any sanction. The tribunal allowed Fouracre’s appeal and made no
order for costs.

[GB]

Post by The Todal
An example of inappropriate conduct in the workplace. I'm rather
surprised that young men send such cards and messages without being
absolutely sure that the recipient won't be upset by them.  Is it
vanity, the belief that they are irresistable to women?
Still, probably not quite as bad as a dick-pic.  Whatever reprimand he
has had from his employer, it didn't quite justify a formal rebuke from
the Solicitors Regulation Authority.
https://www.lawgazette.co.uk/news/trainee-solicitor-cleared-after-giving-colleague-suggestive-christmas-card/5110816.article
quotes
The tribunal heard that Fouracre, a trainee solicitor with Dentons UK
and Middle East LLP, had already received a warning for a crass comment
to secretaries at an office party. He was then reported to the firm by
another trainee seconded to the firm who had received a Christmas card
from him.
In its message, he talked about buying her a vibrator for Christmas and
said it would give her a ‘proper buzz’. The message finished with an
invitation to meet in the new year and signed off with ‘Wishing a sexy
Yorkshire babe a great Christmas. Love Adam xxx’. He also gave the woman
two presents which were handed back to him, and sent messages to her
personal mobile phone.
The SRA’s investigations officer initially recommended a £2,000 fine,
which was downgraded to a rebuke by an adjudicator. In their decision
notice, it was stated that activities carried out from an office ‘must
be broadly interpreted to include conduct and behaviour between work
colleagues, including other trainees. This applies unless and until any
work relationship moves into the private sphere. This is not such a case’.
Fouracre appealed on several grounds. He said the adjudicator was wrong
to state that the conduct was in relation to his role and position at
the firm and not in his private life. He also argued that when he left
the card he had ceased his duties as a trainee solicitor and was leaving
the building to go home, so the adjudicator had no jurisdiction to
impose any sanction. The tribunal allowed Fouracre’s appeal and made no
order for costs.

Is he showing the tact and diplomacy (or even the basic common sense)
required for the job?

I'm somewhat surprised that the lady could not set him straight without
involving formal disciplinary proceedings, though. I thought that
Yorkshire folk are known for their straight talking. Did she have some
professional obligation to report him?

[The Todal]

Post by GB

Post by The Todal
An example of inappropriate conduct in the workplace. I'm rather
surprised that young men send such cards and messages without being
absolutely sure that the recipient won't be upset by them.  Is it
vanity, the belief that they are irresistable to women?
Still, probably not quite as bad as a dick-pic.  Whatever reprimand he
has had from his employer, it didn't quite justify a formal rebuke
from the Solicitors Regulation Authority.
https://www.lawgazette.co.uk/news/trainee-solicitor-cleared-after-giving-colleague-suggestive-christmas-card/5110816.article
quotes
The tribunal heard that Fouracre, a trainee solicitor with Dentons UK
and Middle East LLP, had already received a warning for a crass
comment to secretaries at an office party. He was then reported to the
firm by another trainee seconded to the firm who had received a
Christmas card from him.
In its message, he talked about buying her a vibrator for Christmas
and said it would give her a ‘proper buzz’. The message finished with
an invitation to meet in the new year and signed off with ‘Wishing a
sexy Yorkshire babe a great Christmas. Love Adam xxx’. He also gave
the woman two presents which were handed back to him, and sent
messages to her personal mobile phone.
The SRA’s investigations officer initially recommended a £2,000 fine,
which was downgraded to a rebuke by an adjudicator. In their decision
notice, it was stated that activities carried out from an office ‘must
be broadly interpreted to include conduct and behaviour between work
colleagues, including other trainees. This applies unless and until
any work relationship moves into the private sphere. This is not such
a case’.
Fouracre appealed on several grounds. He said the adjudicator was
wrong to state that the conduct was in relation to his role and
position at the firm and not in his private life. He also argued that
when he left the card he had ceased his duties as a trainee solicitor
and was leaving the building to go home, so the adjudicator had no
jurisdiction to impose any sanction. The tribunal allowed Fouracre’s
appeal and made no order for costs.

Is he showing the tact and diplomacy (or even the basic common sense)
required for the job?
I'm somewhat surprised that the lady could not set him straight without
involving formal disciplinary proceedings, though. I thought that
Yorkshire folk are known for their straight talking.  Did she have some
professional obligation to report him?

Although it isn't entirely clear from the report, the woman evidently
reported him to their employer, as she was entitled to do (and right to
do) and somehow the SRA were then notified.

Each law firm has a Compliance Officer Legal Practice, and that person
is expected and required to report breaches of professional standards to
the SRA. Initially most COLPs chose not to do so because it was
embarrassing to their firm to publicise a breach of standards and more
convenient to sack the miscreant or give him/her a warning. But in
recent years there have been many cases of COLPs notifying the SRA,
including the well known incident of the female lawyer who lost a
briefcase on a train and failed to give a truthful explanation.

Again, here's a link to the judgment

https://www.solicitorstribunal.org.uk/sites/default/files-sdt/12223.2021.Fouracre.pdf

[Norman Wells]

Post by The Todal
An example of inappropriate conduct in the workplace. I'm rather
surprised that young men send such cards and messages without being
absolutely sure that the recipient won't be upset by them.  Is it
vanity, the belief that they are irresistable to women?

Did you not read the last line of what you wrote?

"The tribunal allowed Fouracre’s appeal and made no order for costs".

Still, who are they to argue with you when you've made up your mind?

Post by The Todal
Still, probably not quite as bad as a dick-pic.  Whatever reprimand he
has had from his employer, it didn't quite justify a formal rebuke from
the Solicitors Regulation Authority.
https://www.lawgazette.co.uk/news/trainee-solicitor-cleared-after-giving-colleague-suggestive-christmas-card/5110816.article

[The Todal]

Post by Norman Wells

Post by The Todal
An example of inappropriate conduct in the workplace. I'm rather
surprised that young men send such cards and messages without being
absolutely sure that the recipient won't be upset by them.  Is it
vanity, the belief that they are irresistable to women?

Did you not read the last line of what you wrote?
"The tribunal allowed Fouracre’s appeal and made no order for costs".
Still, who are they to argue with you when you've made up your mind?

I think perhaps you have misunderstood the article.

He was able to successfully challenge a rebuke from the SRA, but that
did not mean that his employers were wrong to discipline him or that he
had been entitled to behave as he did.

Perhaps it would be helpful to post a link to the full judgment:
https://www.solicitorstribunal.org.uk/sites/default/files-sdt/12223.2021.Fouracre.pdf

quotes

Prior to the sending of the Christmas card the Appellant had received a
warning from the Firm about his behaviour as he had made an
inappropriate comment to some of the Firm’s secretaries at an office
party when he said, “the party was dreadful and that he would rather
have stayed at home and had a wank”.
The Appellant apologised for this comment which he referred to as “crass
and juvenile”.

snip

The Appellant’s conduct had been reprehensible and tarnishing of his own
reputation. The Appellant accepted that his conduct impacted on his own
personal reputation, and the Tribunal agreed that the Appellant’s
conduct had been deeply inappropriate and disgraceful. That said, the
Tribunal considered that the relevant issue to decide was whether such
reprehensible conduct “realistically touched upon the standing of the
profession (“Principle 6”)” as set out in paragraph 54 of Beckwith.

Post by Norman Wells

Post by The Todal
Still, probably not quite as bad as a dick-pic.  Whatever reprimand he
has had from his employer, it didn't quite justify a formal rebuke
from the Solicitors Regulation Authority.
https://www.lawgazette.co.uk/news/trainee-solicitor-cleared-after-giving-colleague-suggestive-christmas-card/5110816.article

[Algernon Goss-Custard]

Post by The Todal

Post by Norman Wells

Post by The Todal
An example of inappropriate conduct in the workplace. I'm rather
surprised that young men send such cards and messages without being
absolutely sure that the recipient won't be upset by them.  Is it
vanity, the belief that they are irresistable to women?

Probably just intended as a bit of fun, or perhaps a sexual invitation.
I can't imagine for the life of me what he is supposed to have done
wrong. If she didn't like it, all she had to do was throw it away, or as
GB says, tell him to get lost.

Post by The Todal

Post by Norman Wells
Did you not read the last line of what you wrote?
"The tribunal allowed Fouracre’s appeal and made no order for costs".
Still, who are they to argue with you when you've made up your mind?

I think perhaps you have misunderstood the article.
He was able to successfully challenge a rebuke from the SRA, but that
did not mean that his employers were wrong to discipline him or that he
had been entitled to behave as he did.

Would they still have been right to discipline him if the lady had
welcomed the card as a bit of flirtatious fun? Presumably, since his own
actions would have been identical in both cases. So it would be right to
discipline him for a social interaction with another adult that both
adults found acceptable.

Post by The Todal
https://www.solicitorstribunal.org.uk/sites/default/files-sdt/12223.2021
.Fouracre.pdf
quotes
Prior to the sending of the Christmas card the Appellant had received a
warning from the Firm about his behaviour as he had made an
inappropriate comment to some of the Firm’s secretaries at an office
party when he said, “the party was dreadful and that he would rather
have stayed at home and had a wank”.
The Appellant apologised for this comment which he referred to as
“crass and juvenile”.

It was rather, but nobody was harmed by it. Why can't people just ignore
such things and get on with their lives, or if they really feel
offended, tell the perpetrator to pack it in?

[A Jones]

Post by The Todal
In its message, he talked about buying her a vibrator for Christmas and
said it would give her a ‘proper buzz’. The message finished with an
invitation to meet in the new year and signed off with ‘Wishing a sexy
Yorkshire babe a great Christmas. Love Adam xxx’. He also gave the woman
two presents which were handed back to him, and sent messages to her
personal mobile phone.

Would this cross the threshold for sexual harassment?

[D.M. Procida]

Post by A Jones

Post by The Todal
In its message, he talked about buying her a vibrator for Christmas and
said it would give her a ‘proper buzz’. The message finished with an
invitation to meet in the new year and signed off with ‘Wishing a sexy
Yorkshire babe a great Christmas. Love Adam xxx’. He also gave the woman
two presents which were handed back to him, and sent messages to her
personal mobile phone.

Would this cross the threshold for sexual harassment?

That's presumably the basis on which he was disciplined by the employer. I
assume he lost his job.

Daniele