Travers 'discriminated against pregnant trainee', tribunal hears
15 February 2013 | By Joshua Freedman
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A former Travers Smith trainee has claimed the firm discriminated against her by not granting her a permanent job as a lawyer because she was pregnant.

Andrew Lilley
Katie Tantum found out she was pregnant during her final trainee seat at the City firm and claims that her line manager “stopped bothering” with her weeks after she told him she was expecting a child.
Tantum, who is suing the firm for pregnancy discrimination and unfair dismissal, makes specific allegations in her witness statement about the way managing partner Andrew Lilley handled her original complaint to him after she found out she was not being considered for a permanent newly qualified role.
She also attacks the firm’s “attitude towards pregnancy discrimination”.
She claims that she was only offered a two-month contract until her maternity leave and was one of three out of 22 trainees not taken on permanently or given a minimum 12-month contract. She also claims that when she heard last May that she was not being kept on permanently litigation partner and training principal Andrew King told her “no one put their hand up” for her.
The firm denies all the allegations and claims that Tantum was not of good enough quality to obtain a job as a lawyer at the firm.
The tribunal heard that Tantum wrote to Lilley, an employment lawyer, after hearing the news and received a letter from him that “categorically refuted” any possibility that her pregnancy was a factor.
Her witness statement details widespread claims about the firm’s treatment of her, alleging the firm “is not committed to tackling” pregnancy discrimination.
It also emerged during the proceedings that the firm had previously received two complaints in 2009 related to pregnancy or maternity discrimination.
Commenting on Lilley’s response, Tantum claims: “Even if that was true [that she was not discriminated against because she was pregnant], which I do not believe, Mr Lilley was in no position to know that that was the case without making proper enquiries, which presumably would or should have taken more time.
“Mr Lilley’s holding reply also meant that the substantive response to my complaint would only be a confirmation of what he had already decided. There was no hope, therefore, that my allegations would be looked at with an open mind to the possibility that I might benefit.
“I think that Mr Lilley’s response to my complaint epitomises the firm’s attitude towards pregnancy discrimination. Contrary to the statements it makes in its equal opportunities material, the firm is not committed to tackling this issue. If the firm was serious about this, Mr Lilley’s reply, while perhaps expressing the view that he doubted very much that my pregnancy had played a part in the firm’s decisions would, at the very least, have said that he will investigate the complaint, especially since I am not the first woman to have made this allegation: the firm has previously had employment tribunal proceedings brought against it claiming pregnancy or maternity discrimination.”
The tribunal heard yesterday (14 February) of a chain of emails among some partners making judgements about certain candidates including Tantum, many of which were based on little or no professional evidence, her counsel alleged.
Her barrister, David Massarella of Cloisters, instructed by Leigh Day & Co barrister Elizabeth George, probed the issue of Travers’ recording processes and brought evidence pointing to an informal way of selecting successful candidates.
In one case, a partner claimed in an email that a certain candidate was clearly keen on litigation because the trainee had been on the department’s skiiing trip, for which they have to pay a small amount, the tribunal heard yesterday. It then emerged that the partner had confused the candidate with another one, the tribunal heard.
Tantum, the daughter of former MI6 Middle East director Geoffrey Tantum, appeared at the London Central Employment Tribunal this week, with the hearing expected to end today (15 February).
She alleges in her statement: “The firm states on its website, when writing about its culture, that ‘there is certainly no staying late to look good’. That is just not true. While our contracts may have said that ‘normal office hours’ were 9.30am to 5.30pm, I certainly had the impression that it was frowned upon to be seen to want to get away before 6.30pm.”
She alleges that Mahesh Varia, head of employee incentives and her line manager at the time, “just stopped bothering with me” after she became pregnant.
Tantum claims: “The contrast was quite startling, in terms of how I was supervised before the news of my pregnancy and how I was supervised afterwards. I was not given anywhere like the same amount of work. Whereas I had previously been busy at work and staying in the office after 8.30pm on a number of occasions, I ceased to be at all busy after this - in fact I often had very little work to do, which I found frustrating.
“Also, Mahesh did not mentor me in the same fashion. He stopped involving me in his cases and no longer took time to explain a particular matter in the way that he had done previously.”
King and tax head Kathleen Russ were among the figures at the firm to give evidence, with both appearing yesterday.
The firm claimed its partners had received diversity and equal opportunities training, while King told the tribunal that a review of the firm’s trainee-scheme policies by the SRA had shown no cause for concern.
Travers declined to comment while the tribunal process is ongoing. The firm was represented by Edward Brown of Essex Court Chambers.
The case continues.
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Readers' comments (44)
GBone | 15-Feb-2013 10:30 am
You go girl!
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Anonymous | 15-Feb-2013 11:05 am
This woman is incredibly naïve if she thought that the firm's graduate recruitment spiel about "no late hours" were actually true.
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Anonymous | 15-Feb-2013 11:06 am
If the allegations are true certain people at this firm sound truly dreadful. Awful PR.
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Anonymous | 15-Feb-2013 11:10 am
My wife once worked there. A terrible environment for women by all accounts. I'm surprised these types of places are still around today.
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Anonymous | 15-Feb-2013 12:02 pm
You go girl. I applaud and salute you!
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Anonymous | 15-Feb-2013 12:11 pm
No-one but the parties involved can obviously provide much insight on her case but I'm surprised by the claim of general maternity discrimination - especially given the number of women at Travers on flexible work arrangements etc. I think a partner was actually made up last year while on maternity leave (which is pretty unusual for the industry).
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anon | 15-Feb-2013 12:36 pm
Sorry to be negative but she was naïve to think city law firms (in general) would be family friendly. I wish it was different but it is not and I fear it will never change (female law graduates take note in terms of your expectations for a family - ensure you have a salary for a 24/7 nanny or be open minded about career paths). Sure there are more senior females with flexible working arrangements but don't doubt how incredibly hard they had to work for them, that the flexibility is much more on paper than in fact (they still have the nannies) and how long they waited for the right window (not during their training contract) to get pregnant. City law firms will always be like this - very bright female graduates - there may be equally well paid / intellectually satisfying careers without this barrier so seriously consider alternatives to city law
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Anonymous | 15-Feb-2013 12:55 pm
Anon at 12.36 I do not know the rights and wrongs of this case, but as a male partner in a major city firm in my 50's I am disgusted to hear it said that she was naive to expect equal treatment. She was entitled to expect equal treatment and most of us wantnt her to have it. There are enough young decent people entering the profession for us to get our way.
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Anonymous | 15-Feb-2013 1:34 pm
Anonymous | 15-Feb-2013 12:55 pm I am not saying she did or did not have equal treatment. I am saying to bright female graduates at university to take into account what it takes in reality to have a successful long term career and a baby in a city law firm - and that they should consider other career options where there may be excellent pay and prospects but also a different attitude to maternity offering a more long term view of the employees potential.
(For the avoidance of doubt my last sentence does not pre suppose that the woman in question had the potential (or did not have it) nor that any successful well paid long standing career (law or otherwise) does not require you to demonstrate absolute dedication and ability.
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One born every minute | 15-Feb-2013 2:23 pm
I know of a partner in a top 25 firm who was frantically sending e-mails at 3am when she had already started going in to labour several weeks prematurely. I can’t see how this culture will change unless a) clients stop demanding ridiculous amounts of work to be conducted in skin tight deadlines or b) certain law firms stop pandering to said clients’ demands and manage expectations a bit better. Neither will ever happen for as long as profit is the ultimate motivator.
At the end of the day, most large law firms are processing plants operating almost constantly and anybody who takes time off to have a baby is implicitly expected to work until they pop or is implicitly marginalised in favour of those with similar qualities who will/can be around to work, work, woooooooooork.
To be brutally honest, the claimant was naïve to think that becoming pregnant whilst a trainee would not implicitly damage her chances of being kept on. If I was her I would have delayed my becoming pregnant for a while until I had a permanent role. Granted equality should mean that there should be no need to do this, but the practical reality is a little different.
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