A trainee solicitor whose terms of employment were changed four days before he began work has won his tribunal claim for breach of contract.
Employment Judge Fiona McLaren found that Sussex firm Holden & Co knew Mr A Osvald had to work in its Hastings office for childcare reasons and yet, having agreed terms orally, put a clause in his contract that he would have to work at another office if required.
Mr Osvald completed the legal practice course in 2013 but did not pursue a legal career at that time because he was – and remained – his family’s primary child carer and needed flexibility.
Instead, he worked for Royal Mail in a well-paid job he enjoyed and provided him with that flexibility.
Nonetheless, in November 2021, he applied to start as a trainee at Holden & Co. Judge McLaren found that, at a meeting on 13 November with managing partner Jolyon Holden, Mr Osvald explained his need for flexibility. The discussion also included office location and child pick-up arrangements.
The judge said Mr Holden agreed the terms of Mr Osvald’s part-time employment, paying 22,000 pro rata and also paying for a parking space close to the Hastings office so that he could make the school runs.
Holden & Co argued that there was no contract but Judge McLaren held that this was not, as Mr Holden said, an exploratory meeting.
“I find that this conversation set out the parameters for a working relationship which the respondent then took forward in subsequent email.”
That email...
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