Trainee solicitor disqualified for misleading firm about reasons for taking annual leave

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By Sophie Dillon on

28

Costly mistake


A trainee solicitor has been disqualified from the legal profession after misleading her firm about the reason for requesting annual leave.

Stephanie Merrill worked as a medical legal assistant at Lanyon Bowdler’s Shrewsbury office for two years before beginning her training contract in September 2022.

Less than three weeks into her training, on 23 September, Merrill requested annual leave for 3 October, claiming that she needed to accompany a relative to a hospital appointment.

But according to a decision notice published by the regulator, the firm later discovered that, on the same date, Cheshire East Council had secured a court injunction against the trainee for planning breaches on the land she occupied.

The firm launched an investigation into the reason Merrill had taken annual leave. The rookie signed a statement of truth explaining that she only found out about the court hearing after agreeing to take her relative to the hospital, which was the reason for her requesting time off in the first place.

She explained that she had only decided on 2 October to attend the court hearing and informed her relative on the same day that she could no longer accompany them to the hospital.

Doubling down, Merrill repeated this account during a disciplinary hearing and provided a copy of a hospital letter addressed to her relative, confirming the details of their appointment on 3 October.

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The trainee solicitor was ultimately dismissed for gross misconduct, with the firm convinced she had attempted to mislead it about the reason for her annual leave request.

When the regulator became involved, Merrill eventually admitted to misleading the firm. She also admitted to providing it with an edited version of her relative’s appointment letter in which the date of the appointment had been changed to show it as being on 3 October rather than the true date of the appointment, 4 October.

The SRA found that Merrill’s conduct breached principles of honesty, integrity, and public trust. She was disqualified under section 99 of the Legal Services Act 2007, barring her from holding roles such as head of legal practice, head of finance, manager, or employee in any SRA-regulated law firm.

The SRA noted that Merrill’s actions undermined trust in the legal profession, making her “undesirable” to be involved in legal practice.

Merrill was also ordered to pay £600 in investigation costs.

28 Comments

Congrats SRA....

… you have done it again.

D Scrace

Got off lightly with only £600 costs…

Holly Molly

The imminent collapse of the Western Civilisation was prevented this time, the SRA defeated the Evil.

crazy

completely crazy decision – how does this even fall under the ambit of the SRA + plus justify being struck off is beyond reasoning. Seems the firm were looking for any reason to get rid…

Investigation into taking an approved annual leave, wow!

"Not another ooone!"

This is it though, isn’t it.

This is surely nothing compared to what some are upto. The difference is that her employer decided they wanted rid of her, whereas others are never going to be referred and will be protected.

She should have been transparent with her firm, but from their actions I can see why she might have felt she could not. The SRA should not be making hammer blows that destroy careers for relatively minor things that have nothing to do with the firm or clients.

Anonymous

This seems to be an extreme example

Anonymous

This seems an extreme example but would this principle hold true if someone went for a job interview but gave a different reason to their firm?

SRNay

This is the most poignant post as to why this decision is utterly barmy. Regulator should’ve never been involved – miserable regulator – miserable profession – glad to be out of it!

Language learner (3 and counting)

SRA tried to strike me off for taking time off work for language classes – I just told them no, nej, and nein

WTAF

Why should an employee even have to give a reason to take annual leave if it’s within their annual leave allowance? If I book a day off to get my hair done but on the day decide to go to a theme park instead, would I get fired and disbarred for that?

Anonymous

Of course!!! It’s hard to see how civilization could continue if you weren’t hounded by the sra for something that bad….

Judge Fudge

Ladies and gentlemen, we got ’em

Barney the tree

I guess the reason she has been disbarred if for doubling down and amending a letter.

But I don’t think it is any business of an employer to ask why annual leave is being taken.

Maybe she wouldn’t have been disbarred if, after the employer asked whether she did indeed take a relative to the hospital, she replied “none of your business”.

If it was compassionate leave this would be warranted.

Chris

Totally out of jurisdiction of SRA and should not have been involved. Firm should not have required reason for annual leave anyway.

Fishy wishy Associate - US firm

Surely there has to be something more than this? On what basis can the SRA strike people off for what they do on their annual leave? Was it the court appearance itself? You couldn’t even be fired for lying about what you do on your annual leave. So many of my colleagues have said I’m going to do X but have ended up doing Y on annual leave, are they all going to be struck off? Someone please provide more detail to spare the trainees from peeing themselves.

Wow

The manager should have minded their own business. Yes she lied, but she shouldn’t have had to lie in the first place. It’s annual leave.

Anonymous

Firstly, why does she have to give a reason for booking annual leave. Secondly, why are Lanyon Bowdler investigating whether the reason given for annual leave is correct. The real reason is not exactly something you want to scream and shout about. No one has been harmed, no money lost, no clients involved – what an extreme stupid decision SRA

Jeffrey Leib

Should she have notified her employer that an injunction had been secured against her? That seems more reasonable as a course of investigation, during which she may have misled them as to her actions on the day.

Anonymous

I genuinely despise the SRA. Quite frankly, the firm and individuals that thought this required reporting are equally despicable.

Defund the SRA

The firm and the SRA would 100% not give a toss if this was a partner that did this, this absolutely smacks of hypocrisy

Sam

She was struck off because she was dishonest. End of.
She had committed planning breaches so had to attend a court hearing and then lied about it.
Shouldn’t have committed the breaches, wouldn’t have been served an injunction and had to attend court and wouldn’t have had to lie about the above to the employer who had been good enough to give her a training contract in the first place! Training contracts are hard to secure and she should have treated that with respect.

Lateral Enjoyer

Is it also dishonesty to take sick leave to attend a lateral interview?

Concerned trainee

Genuine question as I don’t know – do people in these instances have any right of appeal to challenge the nature of being struck off? I am green, but harking back to my GDL, given this concerns the trainee’s job and licence to make a living, and the SRA is a regulatory body, could she apply for a judicial review or something to that effect? Or is that wishful thinking and a court would never go against the SRA?

Another trainee

If this happened to me I would leave the legal industry and slam the door behind me.

Realistically, even if an appeal was granted this may very well need to be disclosed in future interviews and would also ruin any “enthusiasm” I had for the role.

Life’s too short to maintain the sunk cost fallacy.

Anonymous

Who gives a reason for requiring annual leave (I do not and nor should anyone have to)? Speaks volumes to the type of culture at Lanyon Bowdler if that was the accepted conduct.

SRA Stan

Everyone calm down, the reason this is serious is because she amended the date of her hospital appointment from 4 October to 3 October – that is clearly a sign of dishonesty. A valid point is raised about why she even offered a reason for taking annual leave. Regardless of that, the fact she engaged in dishonest activity is why the SRA had to disqualify her. I do recognise that this is really unfortunate for her though.

Anonymous

I’m confused about why they had to provide a reason for the annual leave in the first place

Baa Bar

Go to the Bar instead for saner regulation.

As long as you don’t make some kind of unpleasant comment about a protected characteristic or sexually harass someone, you’ll be left alone.

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