Following on from a recent blog commenting on the approaches regulatory bodies take to inappropriate sexual behaviour and harassment a specific example is that of Oliver Conway, a former trainee solicitor who was dismissed by his firm and fined by the Solicitors Regulation Authority (SRA) after inappropriate behaviour during a work Christmas event. It also highlights the challenges organisations face to ensure the safety of their employees, particularly in connection with sexualised behaviour and for events not just during traditional working hours or at places of work. In this matter the firm in question had sought to ensure an appropriate level of behaviour but a specific warning clearly proved to be insufficient. The boundaries between work life and out of work life can be far from clear and with the advance of social media they become even less so. Meanwhile the scope for complaints and claims against employers increases.

The incident occurred in December 2019 when Mr Conway was employed as a trainee Solicitor at the Exeter office of Ashfords LLP. He attended an after-work meal before going on to a nightclub with some of his colleagues. Before the Christmas meal, the firm had issued a specific warning to all staff about the need to maintain professional standards at events over the festive period.

The SRA said that during the course of the evening Mr Conway became increasingly intoxicated. He slapped one colleague on the bottom and squeezed another colleague’s bottom leading her to push him away. He then repeatedly grabbed her around the waist and put his hands around her hips. Mr Conway also referred to spiking the drink of a colleague although there is no evidence that he actually did so.

Following the evening in question there was an internal investigation by Ashfords which led to Mr Conway’s dismissal and a referral being made to the SRA in respect of his conduct.Mr Conway claimed that he was so drunk that he had no memory of events in question but he did not dispute that the behaviour described had taken place. He accepted that his actions were inappropriate and that the way he conducted himself was wrong. He claimed that his actions were a one-off and very much out of character. He provided several character references in support.

The SRA accepted his remorse, insight into the misconduct and that he acted against his own morals and normal character, backed up by character references. Conway had assured the SRA that it was a one-off incident and he was embarrassed and humiliated by his behaviour. He had already apologised to his former colleagues. The SRA said that being drunk was no excuse and he was responsible for his own behaviour. In mitigation they acknowledged that the incident was out of character and he had shown remorse.

The SRA made a finding that Mr Conway had breached two SRA Principles:

• Principle 2: “You must act in a way that upholds public trust and confidence in the solicitors' profession”
• Principle 5: “You must ... act with integrity”

Mr Conway was fined £2,000 and was also ordered to pay £600 to the SRA toward the costs of the investigation.

The case is reminder to all Solicitors that the same ethical obligations of professional conduct apply outside of the workplace as well as in the office. It reinforces the need to behave appropriately and in accordance with the SRA Principles at all times even when attending after work social events. Failing to do can have devastating consequences on what might have otherwise been a promising career.