Having made enquiries of the Solicitors Regulation Authority (SRA), the position of the “independent investigator” from View HR Ltd is more complex than it seems from the View HR website (which states that he/she is a “former” lawyer – solicitors who are no longer on the roll have to describe themselves as “former” solicitor):
He/she is still regulated by the SRA, and still on the roll of Solicitors, but does not currently hold a practising certificate. I have asked the SRA when this member stopped holding a practising certificate.
Until now, I was under the impression (from the View HR website stating that he/she is a “former HR and employment lawyer”) that he/she was not regulated by the SRA. I have also asked the SRA to clarify what regulations/code of conduct someone on the roll of Solicitors but without a practising certificate is subject to.
I do not believe this changes the position that without a practising certificate, the investigator was not entitled to be a member of the Employment Lawyers Association (ELA) and hence to hold himself/herself out as one. The ELA seem to have agreed (or the member himself/herself), since within 3 days of my querying the person’s entitlement to ELA membership, that membership has ceased.