Linklaters blocks former employee bid to expose firm’s ‘struggle with women’

Linklaters was yesterday granted a temporary injunction against a former employee who threatened to disclose information about the magic circle firm's alleged "ongoing struggle with women".

Linklaters' former director of business development and marketing Frank Mellish threatened to disclose internal information after his contract with the firm was terminated last month.

On receiving his final payment in January, Mellish, in his late 50s, said he was dissatisfied with the way the firm had terminated his employment, arguing that it effectively signalled the end of his career.

In an email to the firm's senior partner, he stated that he intended to "share my impressions of the current culture at Linklaters" and "the ongoing struggle Linklaters has with women in the workplace". He said he would be giving interviews to the media in in February, but did not disclose the names of any titles.

Linklaters argued that the terms of Mellish's contract restricted the publication of confidential information relating to the firm, its clients, its partners or employees. 

In an email to the firm's management, Mellish made references to three "specific examples" which he claimed would "demonstrate the Linklaters culture" – the “Munich incident”, the “NY settlement” and the “London Settlement”.

Linklaters said an injunction was necessary to protect the identities of those concerned but did not seek to block Mellish from expressing his general views about the Magic Circle firm’s culture.

Granting the injunction, judge Warby ruled: "It may well be possible to speak publicly in general terms about the 'culture' at Linklaters, or any other large firm or organisation, without breaching duties of confidence. But although the defendant has claimed that he intends to observe his contractual obligations, it is not easy to see how he could do so if he were to illustrate his points by reference to the three areas which he specified in his correspondence.

"It is accepted by the claimants that there is, in general terms, a legitimate public interest in the due performance by large firms such as Linklaters of their social and moral duties towards their staff. But the existence of such an interest cannot justify indiscriminate disclosure of otherwise sensitive confidential information which others have a legitimate interest in keeping confidential."

A Linklaters spokesperson said: “We can confirm that the firm sought and has been granted an interim injunction in the terms set out in the judgment handed down by the court. We cannot comment further.”

A full hearing has been set for 11 February.