An employment tribunal today heard the former head of employment at a national firm describe his personal correspondence with a colleague, in which he shared his concerns and complaints, as akin to banter in US legal drama Suits.
Gerard Airey, admitted in 2008, joined Ronald Fletcher Baker in 2019 as a salaried partner and head of the employment team. He resigned from the firm in 2022. Airey claims he was demoted before his resignation and was constructively dismissed. He argues he was overlooked for promotion as equity partner, experienced bullying, and alleges his managing partner at the time was ‘attempting to get rid’ of him.
His claim for unfair dismissal centres on 12 assertions, the tribunal heard. The firm denies all allegations against it and argues there was ‘no business case’ to support Airey’s promotion to equity partner.
Giving evidence today, Airey was asked about one of his private messages to a colleague, Airey said: ‘I am obviously being flippant there… we watched Suits, this is how we bantered with each other…Michael is also engaging in our private discussions.’
Discussing a mid-year appraisal in which Airey was described as ‘unapproachable’, Airey said he believed the feedback was a ‘fundamental breach of contract’.
He added: ‘She [managing partner Rakeebah Rahim]…said I am unapproachable, I said can you expand, give me an example. I got told you always have your headphones in. There are no headsets within the office, it’s an open plan office with multiple lawyers on each floor where I was sitting there was a desk of six people directly opposite…I would have headphones in to answer telephone calls, I would have music at a minor level: whale noises.
‘If someone is saying I am unapproachable, I want to try and rectify that and try to do better. I think Miss Rahim was making a personal attack on me.’
When asked if he thought the 'unapproachable' comment was a fundamental breach of his contract, Airey said: ‘Yes, I did. I am going [into the appraisal] expecting to have a conversation and see how things are going. I do not expect to be attacked in the meeting.’
Airey told the tribunal the ‘general behaviour’ of Rahim to others was ‘bullying in my view and I was not prepared to stand for it any longer’.
Discussing what he claims was a demotion, Airey said an email stated he would be running the department ‘jointly’ with a newly promoted salaried partner.
He added: ‘I took it that I was not in charge anymore. If you’re going to do that you have to talk to me about that. There should have had conversations if a decision to that extent was going to take place. I took that to be that I was demoted. I was no longer the head of department.’
The tribunal previously heard that the hearing bundle contained more than 4,000 pages and more than 200 pages of witness statements.
The hearing, before employment judge Forde and two panel members, continues.
