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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am a solicitor who missed an issue on disclosure , I was

Customer Question

I am a solicitor who missed an issue on disclosure , I was not aware I had the documents as my legal exec had not put them on the file . I trusted this ( I could and should have checked ) . However , it was an innocent mistake often made in day to day practice . I disclosed them at the first opportunity although at the time I wrote to the other side saying I had nothing to disclose . Nothing came of it , costs orders etc and it was mildly embarrising in explaining to the client etc . Is it fair to dismiss me for gross misconduct , other staff have made similar mistakes and not even been informally warned and I feel its about cost cutting . I have 23 year unblemished service , my emplyer has done a dirt digging excercise and come up with a list of minor administrative issues file notes up to date, partly due to reducing us to a 4 day week and still expecting us to complete our workload . thank you .
Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. Where the act or default on which the dismissal is based - namely the failure of the legal exec to place documents on file - is not that of you, then this does not constitute grounds for gross misconduct. You merely failed to properly supervise a more junior colleague, which is not gross misconduct. In fact, it is not misconduct but carelessness. Accordingly, I would advise you to challenge any dismissal on the grounds of gross misconduct, as the act or default on which it is based is not yours, but someone elses and your failure is minor. I appreciate that as the practising solicitor you carry the can for the incorrect correspondence. But this was corrected at the earliest opportunity once it came to light. Accordingly, if you are dismissed on this basis, I would advise you to take proceedings for unfair dismissal as you have excellent chances of success.

Buachaill :

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