Solicitor Suspended and Ordered to Pay £95K After He Inappropriately Touched Colleagues

A former Orrick Herrington & Sutcliffe solicitor has been suspended and ordered to pay nearly £100k after the Solicitors Disciplinary Tribunal found he had inappropriately touched colleagues following nights out. Below, we examine what happened and what others can do if they’re faced with a sexually harassing colleague. We discuss the obligations employers face to mitigate inappropriate touching and the steps individuals must take to initiate court action.

If you have any questions or want help with your case, please don’t hesitate to reach out to us immediately. As employment law specialists, Redmans Solicitors can provide the expert advice you’re looking for and discuss your possible options.

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Solicitor Suspended After Allegations He Inappropriately Touched Colleagues at Work Events

Allegations Begin: Paralegal Claims She Was Inappropriately Touched at Work Socials

Mr Lewis Brady was a managing associate at the UK office of Orrick Herrington & Sutcliffe, a US international law firm. However, after two colleagues complained about his behaviour, he resigned. This didn’t stop the firm from reporting him to the Solicitors Regulation Authority (SRA), though, leading to an investigation and Solicitors Disciplinary Tribunal (SDT) hearing.

Issues began at a Hijingo Bingo event and a cocktail bar in September 2021, where Person A (a paralegal) claims Mr Brady inappropriately touched her on her bottom and breast. While she later attributed his behaviour to drunkenness rather than predatory intent, she called it “unmanageable.” Mr Brady denied the breast touching and asserted that any contact was consensual.

Unfortunately, this wasn’t the end of the alleged inappropriate behaviour. Person A claimed that from October to December, Mr Brady repeated similar behaviour. On one occasion, at Juno Rooms Pub, he allegedly placed his hand on her thigh, causing her to freeze as she felt “weird” about the situation. Then, when they were out for a day of eating, drinking, and karaoke, Mr Brady was alleged to have repeatedly touched her bottom. According to the SRA, Mr Brady had acted “as if they were a couple.”

The most serious accusation, however, occurred on 16 December. Person A claimed that, following a work Christmas meal, Mr Brady touched her “very close to her vagina” when the two went back to a colleague’s house.

They later shared a taxi home, and Person A explained her confusion when the taxi missed her house. She ended up at Mr Brady’s flat, where, while she was waiting for a ride home, she claimed she was touched inappropriately on her breasts. During the hearing, Mr Brady asserted that everything was consensual, she straddled him, and he stopped when she asked.

Second Colleague Comes Forward With Further Allegations of Inappropriate Behaviour

Person A wasn’t the only colleague who’d complained about Mr Brady’s behaviour, though. Person B, a managing associate, also made complaints about being inappropriately touched by the former Orrick Herrington & Sutcliffe solicitor.

She explained that, on one occasion, after a work meal, Mr Brady attempted to kiss her before she pushed him away. Then, on 24 March 2022, following bonus celebrations, the pair shared a taxi home. At this time, Mr Brady allegedly “shoved” his hand under her top on three separate occasions, despite her saying no. During the investigation, Person B said, “It was such an obvious crossing of a boundary.”

A few weeks later, Person B confided in Person A, opening up about being touched inappropriately by Mr Brady. When she did, Person A broke down in tears and said, “The exact same thing has happened to me.”

Tribunal Outcome: Solicitor Suspended and Ordered to Pay £95,000

During the SDT’s hearing, Mr Brady couldn’t believe the accusations Person A had made, telling the tribunal, “I don’t understand.” He also asserted that Person B’s claims only arose in an attempt to save her marriage; and while he understood her motives, he said, “I cannot emphasise how sad this makes me feel.” Throughout the hearing, he maintained his innocence, claiming there was no inappropriate touching at work and that all conduct was consensual.

Nevertheless, the SDT found Mr Brady had touched Person A’s bottom on a night out and put his hand inside Person B’s bra during a taxi ride home. According to the SDT, both incidents amounted to unwanted and sexually motivated conduct. While the remaining allegations were unproven, Mr Brady was suspended from practice for 12 months and ordered to pay £95,000.

What to do if You’ve Faced Harassment at Work

If an employee is inappropriately touched, this could amount to sexual harassment at work. Under the Equality Act 2010, sexual harassment is defined as unwanted behaviour of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

Sadly, when someone at work is sexually harassing another, the victim is often left feeling isolated, intimidated, and unsure of what steps to take. Fortunately, the above legislation protects individuals from such inappropriate behaviour and provides several avenues to seek help.

Before taking action, though, it’s wise for those affected to document their experiences. This includes writing down the dates, times, and location of any incidents, as well as gathering witness details and correspondence. In doing so, individuals not only collect evidence that may prove essential should they take their matter to an employment tribunal, but they also show they took reasonable steps to address their situation.

Once evidence has been gathered, individuals should seek to resolve the matter internally. This could involve having an informal chat with senior leadership or raising a formal grievance, depending on the circumstances. While both avoid the need for court action, the latter places additional obligations on the employer to resolve the issue.

However, if individuals fail to resolve their problems internally, they may need to seek external help. Before initiating a claim, individuals must go through ACAS early conciliation. If the issue remains after this process, though, they can initiate employment tribunal proceedings, provided they satisfy specific criteria and time limits. Should they succeed, claimants could be awarded financial compensation.

Inappropriately Touched at Work? Why You Should Get Help

It is important to note that regardless of the steps taken by victims of sexual harassment, legal advice is advisable. Such specialist help can provide those who’ve faced harassment by an employee with an understanding of their rights and options. What’s more, if an individual wants to make a claim, provided they’re entitled to do so, legal specialists can guide those affected through the legal process to help reach an optimal outcome. 

Employers’ Duty to Prevent Workplace Sexual Harassment

As mentioned, the Equality Act 2010 provides employees with protections against sexual harassment at work. However, since 26 October 2024, new legislation has strengthened this protection. Now, employers face an additional obligation to take “reasonable steps” to prevent sexual harassment. Consequently, in addition to taking corrective steps following incidents of said misconduct, employers must take reasonable preventative measures to help ensure such behaviour never arises.

Examples of preventative measures may include clear anti-harassment policies, regular training, and encouraging a workplace culture of respect and accountability. If an employer fails to take the steps required by law, it could face court action and costly tribunal fines. As a result, employers must foster an environment where inappropriate behaviour is neither tolerated nor ignored, and ensure complaints are taken seriously and investigated thoroughly.

Bringing a Sexual Harassment Claim to an Employment Tribunal

If an individual believes they’ve been inappropriately touched at work, has failed to find a resolution via internal channels, and hasn’t reached a satisfactory outcome following Acas early conciliation, they may want to bring a claim.

In such circumstances, they must ensure they satisfy the time limits and criteria associated with sexual harassment claims before proceeding. Typically, a claim involving workplace sexual harassment must be submitted within three months of the last incident. Furthermore, the victim must have experienced conduct of a sexual nature that violated their dignity or created an intimidating, hostile, degrading, humiliating, or offensive environment.

If the above is true and they succeed with their claim, the employment tribunal could award them financial compensation. This could include compensation for injury to feelings, financial losses, and other damages. It’s highly recommended that claimants seek legal support when preparing a tribunal claim. A solicitor can help draft the claim form, gather evidence, and represent the employee during hearings.

Get help with Redmans

If you have been inappropriately touched at work and want to make a claim, contact Redmans Solicitors now. As employment specialists, we can answer your queries, discuss your next steps, and guide those eligible through the legal process. It only takes a moment to discover how we can help you, simply: