A question of sport...read on, it gets sexy...

Who'd have thought sports pages could be so interesting!

Through no fault of her own, rather than get on and do the job she trained to do, the now well known Sian Massey is at the centre of a high profile scandal, following inappropriate (and undeserved) comments regarding her ability to referee football matches, because according to the "experts", its a man's job.

Massey was to assist the referee in this week's Crewe v Bradford game, but was "withdrawn" from her duties. This weekend she was to work, but has been withdrawn from duties once again, because it would be "unfair on the clubs".

There has been a backlash against the dismissal of Andy Gray and subsequent resignation of Richard Keys, but lets face it, Sky didn't really have a choice if it did not deal with the issue once it was made public unless it wanted to be accused of third party harassment. According to some of our fine nation's best loved celebrities, this kind of banter is normal, and restricting people so that they couldn't have a laugh and a joke in such a way would ruin the fun.

Bruce Forsyth is quoted in the Daily Mail as saying, ‘We all say things. We’re all cursing and saying sexist things. When you’re off camera, you do say these things for a bit of a laugh. But it’s just to relax.’ Charlotte Jackson looks extremely relaxed here.

But there's a bigger picture and more at stake here. This isn't a story about sexism in the work place, restricting freedom of speech or political correctness gone mad. Its by far wider reaching than all of that. This is about diversity in the work place. The number of female sports presenters/the number of female stockbrokers or bankers/the number of female judges/the number of female chief executives...do you see where I'm going? There are obvious barriers to entry for anyone wishing to penetrate a profession which is dominated by people of a particular sex or race. Those who chose to try, chose also to accept and tolerate the kind of banter that is ultimately demeaning, or face career suicide if they speak up. Maybe worse, those who move on to alternative careers or those who have the potential but don't even try.

Sian Massey is inadvertently being punished for being a woman. She didn't make the complaint, or release the footage, but she has been prohibited from doing her job, leaving it to her male (and no less qualified) colleagues instead. I suspect that if you're a Gray supporter, you probably think there's a career for her as a pin up. If you're on Team Massey, maybe a career as a sports presenter (with a sideline in teaching us all the off side rule) beckons. At the very least I hope a lucrative and long career awaits, because at the moment, it is clear that her chosen career has been stalled.

Have I introduced you to...?

So here I am, newly unemployed. Times are tough out there, and when I finished my training contract (just like in firms up and down the country) there wasn’t any room at the inn. There was however, room for my fellow trainee, in the department I always anchored my preference for and in which fellow trainee hadn’t contemplated before it became obvious that if there was to be any vacancy, it would be there.

The best trainee won? Maybe. But I don’t think its entirely irrelevant that fellow trainee’s father is also a partner at my training firm. Bitter? Maybe a little, even if it is understandable in the current economic climate.

But is it? Is it ok for nepotism to exist in a larger than high street law firm when faced with two, equally qualified and competent candidates? Part of me thinks it is even if it is contrary to my personal interests.

Hugely successful businesses have been built on familial connections and I think clients like it. In fact, one can even extend the definition (if I may be so bold as to rewrite the dictionary), to giving a leg up to friends, or family of friends. Isn’t it what we all do? Isn’t it the point of networking? Most of us wouldn’t think twice using personal contacts, or shmoosing about a common interest to open doors – and it is what networking sites like LinkedIn are all about.

Research by Transparancy International (discussed in an article in the FT found here at http://www.ft.com/cms/s/0/eefda9de-a84d-11de-9242-00144feabdc0.html) suggests it is one of the reasons for corporate corruption. I wouldn't go that far. I mean, wouldn’t a person with a familial tie want the family business to be a success? Wouldn’t a person who got his/her job at a friend of his father’s accountancy firm want to prove that he/she deserved the role, by working harder than may be necessary? Although the latter suggests that someone else would not be so hardworking. If such an accusation was to be pointed in my direction, I would be mightily offended, since I’m annoyingly conscientious and need to know that I have earned every penny I am (or rather was) paid.

The fashionable and wider issue, is the effect nepotism has on the diversity of the legal profession. I was going to quote some wonderfully wise words from the Master of the Rolls, but came across a rather entertaining examination of the class ceiling which appears to exist in the legal field, written by student Aryan Sharahi and edited and produced by ThePurpleRobot found here http://www.youtube.com/watch?v=ua8MiMpak98 .

Times are tough out there, so whatever gives us the edge is fair play, and I value loyalty to family and friends. Would I have an issue with nepotism if my uncle Bob was the owner of Uncle Bob LLP, or my father golfed with the Chief Exec of Commercial Ltd? I’m not sure. What I can be certain of, is that from the moment I began my (self funded) studies, to getting and completing my training contract, it was achieved with my personal charm (yep, even the checkout job at Tesco) and qualifications (ditto the Tesco job). Granted, this gives me an enormous sense of self satisfaction, but there is a problem. One can’t live (financially, emotionally and professionally) on self satisfaction alone.

This is also my guest blog post for the wonderfully brilliant legal blog by Charon QC http://charonqc.wordpress.com/