An experienced male solicitor who slapped a 21-year-old female paralegal on the bottom and asked ‘is that sexual harassment?’ has been suspended from practice for a year. Musharaf Javid Asharaf, then 53, also referred to the paralegal’s breasts as ‘like two mountains on your chest’ and rubbed her shoulders at work.
Asharaf, admitted in 1994, was office manager and the person with responsibility for the wellbeing of paralegals at Liverpool firm SPG Law (trading name of Excello Law Limited).
He argued before the Solicitors Disciplinary Tribunal that the victim and two of her colleagues had sought ‘revenge’ and to ‘make my life hell’ after he had issued them with a final written warning over their conduct at work.
But the tribunal found no evidence of such a warning and preferred the evidence of the paralegal, who was found to be truthful. Her account was found to be consistent with her complaint to the firm in 2019.
‘Members of the public would not expect a solicitor to behave in an inappropriate manner with a junior member of staff over whom he had management responsibilities,’ the tribunal ruled. ‘His actions were in direct contravention of, on his own case, his responsibility for the physical and mental health of the paralegals. He had pursued an improper course of conduct, subjecting [his colleague] to inappropriate touching, inappropriate comments, slapping her bottom and deliberately bumping into her when she was bent over a desk.’
The paralegal recounted that Asharaf would touch or rub her shoulders at least once or twice a day, standing extremely close to her. She felt awkward and uncomfortable but could not tell him to stop because he was 'unpredictable'.
On one occasion when she walked past him in the corridor, he turned and slapped her on the buttocks. When she asked what he had just done, he replied ‘is that sexual harassment’ and walked back towards the office.
She did not formally report this incident as she was financially vulnerable and feared losing her job. She hoped to secure a training contract and did not want to ‘rock the boat’.
The comment about her chest was made during the firm’s Christmas party at a hotel. Asharaf claimed he had not realised colleagues were buying him alcohol and this mixed with medication he was taking. She complained to human resources in January 2019 after he deliberately bumped his crotch into her buttocks when walking past her desk. He had said: ‘It’s your fault for having such a fat…’ then stopped himself before adding: ‘I’m not saying anything because I will get myself in trouble.’
Asharaf denied all allegations, saying none of the events had taken place as described. He considered the allegations to be malicious and the result of a grudge against him. His lawyer submitted that the complainant had a ‘selective memory’ who was upset by Asharaf criticising her work. He was also under pressure from what he called a ‘toxic atmosphere’ at the firm.
The tribunal rejected this defence and said Asharaf’s conduct had been sexually motivated. He showed ‘attitudinal failings’ to the paralegal and had taken advantage of his seniority and the trust placed on him to manage junior members of staff.
Asharaf, who is now working as a property consultant, was suspended from practising as a solicitor for 12 months, ordered to pay £17,500 costs and barred indefinitely from acting as a supervisor or manager of any regulated firm.
