Is it right to shame an employee who breaks the rules?

THE PROBLEM

Last week it emerged that a partner at the London law firm Russells was responsible for JK Rowling’s unmasking as the writer ‘Robert Galbraith’. The firm, known for representing celebrities, including Ms Rowling, not only apologised but revealed the name of the partner. Is it ever wise to name and shame an employee publicly in this way?

THE ADVICE

The academic: Frank Partnoy

Two justifications for punishment are deterrence and retribution. Both are served by naming the individual wrongdoer, not merely a legal entity. Naming Mr Gossage might deter breaches of confidentiality. Anyone who knows his story will think twice before telling client secrets, even to a spouse’s friend. Also, although money damages won’t reduce Ms Rowling’s anger about having her identity revealed, watching Mr Gossage squirm just might. Of course, retribution should not be too harsh and, as the twists in the Harry Potter books often showed, the wrong person should not be charged. At this point, Mr Gossage has suffered enough – there is no need to send him to Azkaban prison.

The writer is a professor at the University of San Diego School of Law

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The adviser: Tim Burt

Most players in this saga appear to have swallowed naivety potion. None emerge with much credit. JK Rowling, creator of invisibility cloaks, was naive to trust her literary disguise. Chris Gossage, of Russells, was naive to assume his nearest and dearest would keep a secret. Judith Callegari, who tweeted the scoop, was naive to imagine digital trails can be erased. Perhaps naively, Russells failed to tattoo its partners with the slogan: “Confidentiality pays”.

All professional services firms share one intangible asset – reputation. Fail to maintain it, and the spell is broken. So a brutal calculation was made. With a reputation to salvage, a guilty party was named. Harsh, probably unfair, and it’s not clear the damage has been limited.

The writer is managing partner at StockWell Group

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The psychologist: Derek Draper

Having been at the centre of a storm or two when I worked as an adviser in politics, I know all about feeling shame under the glare of the media spotlight.

With such a clear-cut, public mistake as Mr Gossage’s, it is best for his firm to be open about who is accountable. Organisations have a right to try to salvage their reputation, and the people affected have the right to know who is to blame.

Rather than hurl stones at the scapegoat, though, the rest of us should remember how we have all made our own mistakes. Now that Russells has named and shamed, it is also right for it to forgive and forget.

The writer is an executive coach and managing consultant at YSC