The employment tribunal has struck out a victimisation claim brought by a solicitor against the firm that reported her to the Solicitors Regulation Authority.
Georgina Gibbon made the claim against Lincolnshire practice BG Solicitors relying on the single act of the firm making a report to the regulator last June.
Sitting at the Nottingham tribunal, Employment Judge McTigue allowed the firm’s application for a strike-out of the victimisation claim, ruling that the report to the SRA was legitimate and protected by absolute privilege.
The judge said the report was based on a ‘serious matter’ which involved Gibbon selling a property under the mistaken assumption that a deputyship order gave her the power to do. ‘This is a claim which, in my opinion, has little reasonable prospect of success,’ added the judge. ‘I say this because firms of solicitors are under a duty to report potential misconduct to the SRA.’
The issue of absolute privilege had already been a ‘knockout blow’ to Gibbon’s victimisation case, despite her submitting that she should be able to make a claim based on what the firm reported to the SRA.
McTigue said it was clear that the principle of immunity should apply where a firm makes a report itself based on the actions of one of its fee earners.
‘The objective of immunity from suit and absolute privilege is to enable people to speak freely, without inhibition and without being sued,’ he added. ‘The consequence of this is that respondent’s report to the SRA of 11 June 2024 was the subject of immunity suit and absolute privilege. A complaint to the employment tribunal cannot be founded upon it.’
The former partner and head of property department had earlier made a first claim with complaints of constructive unfair dismissal, unfavourable treatment because of pregnancy/maternal leave, direct sex discrimination and victimisation. No details about the nature of these claims were given in the judgment and they remain ongoing.
Gibbon started her legal career with BG Solicitors, which had been founded by her father and where her father was partner for many years. She joined another firm in July last year. There was no indication in the tribunal judgment that the report to the SRA had led to any disciplinary action.
Gibbon confirmed to the Gazette that she is currently in the process of making an application for reconsideration and appeal of the judgment and that the findings of fact are disputed.
She added: 'The SRA are taking no further action in respect of the matter. They have confirmed that (as per their enforcement strategy) they do not punish people for genuine errors, which is what they found to be the case here.
'The SRA praised my cooperation with the short investigation and the detailed and prompt explanations provided.'
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