Lawyer ‘fairly dismissed’ says jobs tribunal

Dec 4 2008 by Alastair McNeill, Hamilton Advertiser

A LAWYER whose job was axed because of a decline in criminal legal aid work has lost her unfair dismissal claim.

Rosemary Robinson, from Hamilton, was the only solicitor with Greenock law firm Lyons Laing & Co to specialise exclusively in the criminal law field.

She had complained that she was unfairly dismissed when she was made redundant.

A Glasgow employment tribunal heard Mrs Robinson earned £25,000-a-year, but fees generated from criminal legal aid work amounted to only £10,554 in a 10-month period ending in March this year.

Mrs Robinson asked if she was being singled out when partner David Lyons expressed concern at the level of fees generated.

He responded that she was indeed being singled out because the level of her fees was “woefully inadequate.”

The tribunal was told Mrs Robinson did little civil court work because of a bad experience early in her career involving an appeal before a Sheriff Principal.

She had attended an earlier meeting following concerns expressed by other members of staff that she would not see clients other than criminal legal aid ones. She agreed to help out with civil work by at least seeing clients who came in without appointments.

By April last year, Mr Lyons was becoming concerned about the financial viability of criminal work. He told Mrs Robinson she would have to either increase the criminal work or find another string to her bow.

By November, he told her he felt criminal work was becoming unsustainable. She responded that fees were due for a number of cases which had not yet been processed.

But there was no improvement in the overall level of fees.

A number of additional meetings took place and she was advised there was a potential redundancy situation.

She tried to persuade Mr Lyons redundancy should be based on a last in-first out formula.

Mr Lyons noted she had not taken on civil work except when no-one else was available to cover the civil court. There were no other vacancies with the firm at the time.

He had also looked at their Glasgow office to see if there was any work there.

She argued she had greater skills and experience than others within the court department, but she was selected and dismissed on the grounds of redundancy with effect from April 18.

She appealed to partner Duncan Drummond, arguing the civil and criminal departments should have been considered together, but Mr Drummond refused her appeal on the basis she was the only person who carried out solely criminal work for the firm and they had identified a reduced requirement for a dedicated criminal law solicitor.

The tribunal was told it was only Mrs Robinson’s fee income which had been a cause for concern. Mr Lyons had no issue with the way in which she carried out her work. She has now set up on her own as a solicitor.

The law firm argued her dismissal on the grounds of redundancy was fair.

The Glasgow tribunal ruled Mrs Robinson - of 30 Nevis Avenue, Hamilton - was not unfairly dismissed, and that her dismissal on the grounds of redundancy was fair.