Senior Lawyer Covertly Records Young Female Colleague in Office

On Monday, a tribunal declared that the ex-chief-lawyer of environmental law at Penningtons Manches LLP (now Penningtons Manches Cooper LLP) sent a female intern an excessive number of unsolicited messages and discreetly captured images and footage of her during work hours.

The legal oversight board validated every claim against Richard Smith for his inappropriate behaviour towards the woman, known only as Person A.

Paul Lewis, chairing the three-member committee, commented, "We have found the motivation to be sexually motivated."

The committee has postponed the session till Tuesday, to decide if there should be a delay in the penalty verdict to facilitate a medical evaluation.

Smith has since joined Sandstone Law LLP in Oxfordshire, as stated on the company's online portal.

Acting on behalf of the Solicitors Regulation Authority , Louis Weston from Outer Temple noted that Smith's relentless messaging to Person A, even during non-working hours, led her to feel overwhelmed.

Weston pointed out that Smith stealthily captured numerous photos and clips of Person A in the company premises when she was distracted. He was infatuated with her — in his own admission, but Person A felt it was sheer harassment.

The mere idea that Smith was filming her disturbed Person A to the point where she was always wary of his presence. Additionally, Smith would frequently offer her rides and presented her with items like confectionery and tech gadgets - it was mentioned in the Tribunal.

In May 2018, another employee addressed Smith's inappropriate actions, instructing him to end such behaviour. Smith momentarily ceased his activities but resumed them by December when another colleague witnessed him capturing images of Person A, Weston relayed.

Weston emphasised that Smith's brief cessation indicated his awareness of his wrongful actions.

The situation escalated in November 2019 when Smith and Person A took a late-night train from a London event. A fellow passenger observed Smith photographing Person A and misconstrued it as "upskirting," subsequently alerting the British Transport Police .

Upon apprehending Smith, the officers inspected his mobile device and discovered over 1,400 texts to Person A and 66 covertly shot videos, stated Weston.

Weston pointed out the inconsistency in Smith's claim of photographing her face for art purposes, as many snaps were taken from behind. The public's disapproval was evident when a bystander alerted the authorities about his suspicious actions.

This public episode led Smith to confess his misconduct to the SRA, marking the first instance of his indiscretions being publicly exposed, Weston mentioned.

Representing Smith, attorney Jonathan Goodwin confirmed that Smith doesn't deny the accusations presented by the SRA. Every claim is acknowledged, as well as the sexual intent.

What are my top 5 times for employers to help avoid such problems in the work place?

Ensuring a safe and respectful workplace is vital. Here are my five tips for employers to avoid such claims from employees:

1. Workplace Training and Education: Regularly conduct workplace training sessions that focus on professional behaviour, harassment prevention, and understanding boundaries. Make sure these programs are mandatory for all employees, regardless of their rank or tenure. Use real-life scenarios during training to make the sessions more engaging and relatable. If you don't have real-life scenarios, then feel free to read my articles and use those as a good place to start.
2. Clear Policies and Procedures: Develop and disseminate a clear, comprehensive policy regarding workplace behaviour, especially covering topics like harassment, bullying, and discrimination. The policy should clearly outline what constitutes unacceptable behaviour and the consequences for any breaches.
3. Open Communication Channels: Establish a confidential reporting mechanism where employees can voice their concerns without fear of retaliation. This can be a helpline or other free service available online. Ensure that employees know how and where to report misconduct, and emphasize that all complaints will be taken seriously and investigated promptly.
4. Regular Audits and Surveys: Periodically conduct internal reviews and anonymous surveys to gauge the workplace environment. These can help identify potential issues before they escalate, providing an opportunity to address concerns proactively.
5. Lead by Example: Leadership plays a crucial role in setting the tone for the entire organisation. Company leaders, from directors to managers, should exemplify the highest standards of professional conduct. They should also be approachable, emphasizing that they support a safe and respectful working environment.

By actively implementing these strategies, employers can foster a work environment where employees feel valued, respected, and protected.