by Joy Peters
Laura Harper joined the staff of Gilbert and Mayes from university five years ago. She had graduated with a First Class Honours Degree in Psychology from Cardiff and then decided to use these skills in the world of advertising.
Gilbert and Mayes were one of the foremost London agencies founded in 1952 and had quickly developed a respected reputation in advertising and were rewarded with a number of high profile multi-national accounts. Their success continued to blossom to the present day and they now employ more than 300 staff in a prime office accommodation off Regent Street in London.
Laura Harper was a bright and attractive girl with a bubbly personality. She had excelled in academia and was also a competent sportswoman, representing her university in hockey. She had impressed the Board of Gilbert and Mayes and was offered a graduate training position with them in September 2003.
Since then she had secured a number of promotions and was now a Senior Account Manager reporting to her Account Director, Chris Hughes.
She married her long term boyfriend, Terry, some 15 months ago and they were blissfully happy together. They managed to buy, with parental help, a mortgage on a small two bed-roomed flat in Balham, South London. Laura commuted to her office and Terry, an IT consultant, was starting his own business working from home.
Laura was highly regarded by her work colleagues and the success of the agency enabled her to enjoy a high level of remuneration - a basic salary of £35,000, but in good times the opportunity to share company bonuses.
Gilbert and Mayes was founded by Albert Gilbert and Stephen Mayes, long since retired, but the Company remained in the private control of their descendants. Through careful selection and nurturing, the Company employees were loyal, hardworking and totally committed. Few left the Company - a rare phenomenon in the world of advertising.
The Company had traditional values and rules which were designed to maintain the highest standards. Employee gender was almost equally split and there was an emphasis on total equality between the sexes. Employees were required to adhere to the Company dress code - males wore smart suits, shirt and ties and the females, skirts, blouses and jackets - trousers were not permitted.
A Disciplinary code was in place and employees were required to sign up to this when they were engaged. Acts of general misconduct were recognised with demerit marks. Gross misconduct fell outside this system and was dealt with separately by the Board. Ten demerit marks in any six month period resulted in the imposition of a disciplinary award. This caused the employee to receive a formal written warning together with a financial penalty which was not inconsiderable - a fine of £250 for each demerit mark. This could however be mitigated by the employee's submission to an alternative punishment, that of a caning. This was not however available if there was a repetition in the following 18 month period. In such a case the employee would receive a Final Written Warning and would have the punishment imposed. The Board had decreed that it would not be appropriate or effective to allow the employee similar successive punishments. Any employee refusing to accept the disciplinary structure in place could resign or would be dismissed for breach of employment contract. To date, no-one had challenged this - probably because of their desire to remain with Gilbert and Mayes.
After lunch on 15 September, Laura received a telephone call from the HR Director, Alison Mayes, asking her to call into her office. This surprised Laura but she made her way directly to Alison's office and was told to go straight in by Alison's secretary.
"Please take a seat Laura," was Alison's not unfriendly greeting. "I'm afraid that you have recorded ten demerits."
"There must be some mistake?" was Laura's horrified response.
"Well let's see. 20 July, 4 demerits from Chris Hughes for failing to meet a deadline on the Anders' account which resulted in a loss of £15k. One demerit from Peter Jones, Security Officer, on 1 August for a second loss of your car park swipe card. A further demerit from Peter Jones on 16 August for leaving your computer logged on and unattended. Two demerits from Chris Hughes on 20 August for late attendance at a client meeting which was deemed unprofessional conduct. A further demerit from Peter Jones on 14 September for loss and replacement of ID and a demerit for unauthorised lateness of 16 minutes on the same day. I think you'll find that totals ten?"
Laura was almost lost for words. "I was aware of the six from Chris but wasn't of all those from Peter Jones," Alison responded
"Well Peter doesn't always spell out that he has reported a demerit - I assume that he believes that the employee should be aware that certain misconduct leads to an automatic demerit mark. Did he advise you at the time that you had breached the rules?"
"Yes, he did but I rather hoped it would have been treated as a warning."
"Laura, you've worked here for over five years and I know that this is your first Disciplinary. I'm really sorry. This is so unlike you - do you have any personal problems that you'd like to discuss?"
"Things are a trifle challenging at home with Terry setting up his own business - it's possible this has distracted me somewhat."
"Laura, I'm not sure if I can help you. If the loss of ID and unauthorised lateness were related you could submit representations to the Board. The problem is that if they were not persuaded you could receive up to a further five demerits from them for unreasonable challenge and time-wasting. Even if you managed to successfully argue your case you would be at risk should you incur a further demerit within the next four months or so, but of course this must be your decision."
"Thanks for the advice, Alison. Can I think it over before deciding?"
"Of course but you will need to let me know by tomorrow morning."
"I'll do that, thanks. Can you just run through the options that I have?"
"Well, if you decide to submit representations to the Board - they will hear the case within three days. If you decide not to represent you will have to choose either to pay the financial penalty of £2,500.00 and this will be deducted from your salary at the end of this month or, if you elect to receive the alternative award of a caning, this will have to be carried out within eight days and will consist of 10 strokes. The eight days was agreed by the Board to accommodate menstrual cycles but it applies to males as well - to reinforce the equality rule. You can apply to the Board for a longer delay but there would have to be exceptional circumstances - an upcoming holiday would not be seen as such but a pre-arranged medical could be - hope that's helpful?"
"Can the fine be paid in instalments?"
"I'm afraid not Laura. When setting the rules the Board felt that to allow this would be to minimise the punitive effect - the same applies to any caning."
"OK Alison, that's all very clear. Can I see you tomorrow morning and give you my decision?"
"That'll be fine - I should be free at 10am but check with my secretary first thing."
Laura left work that evening in a very dejected mood and wasn't looking forward to telling Terry.
She arrived home at about 7pm - Terry was in good humour and quite upbeat about his day.
"Terry, I need to tell you about a problem at work." Laura then explained her Disciplinary award and the options available.
Terry was very understanding and sympathetic to her plight and suggested that she pay the financial penalty, even though this would leave them with an overdraft for a month or so. Laura was not convinced that this was the best option as it would be difficult to explain the salary shortfall and running an overdraft at a time he was setting up a business was not healthy. She would not contemplate a loan or an approach to their parents for assistance - she didn't want them to know about this.
Terry didn't want her to take the caning and implored her to pay the fine.
The next day, Laura set off for work in something of a daze. She dismissed the idea of appealing to the Board as too risky.
When she arrived at work she contacted Alison's secretary and confirmed an appointment for 10am.
She presented at the appointed time and was sent straight in.
"Well Laura, what's it to be?"
"I don't think that I've really got an alternative to taking the caning Alison - so, that's my decision."
"Right, Laura. Assuming that you're not going to apply for an extension, you will need to make an appointment with Peter Jones at a mutually convenient time within the next eight days. Once this is arranged, Peter will advise me of the date and time. You will need to report to me fifteen minutes before this to collect the cane. I'm afraid that this is part of the punishment - the 'walk of shame'. You will walk down to the staff refreshment lounge on the ground floor taking with you the cane and form of consent - avoiding the lift - and wait outside at least 5 minutes before your appointment. Peter Jones will then summon you into the vacant lounge. You will hand him the cane together with the signed consent form and follow his instructions. You will be required to touch your toes and you will then receive the 10 strokes. You should try and remain in position throughout but in any event, you will not receive a stroke until you are in this position.
"As you should know, the caning is given 'on the bare'. This is where the ladies are rather disadvantaged. The men just have to drop their trousers and assume the position. You can wear a normal skirt - nothing on underneath though - and lift this before bending over. However, there is often a problem of the skirt falling back down during the caning. I would advise that you wear a short tennis dress or something similar that will expose the target area when you bend over. You could alternatively remove your skirt altogether but most ladies prefer to safeguard their modesty by pulling it up - it's also much easier when the caning is over to just let the skirt drop down.
"I'm afraid this will hurt a great deal, Laura - Peter is instructed to deliver the canings in equal measure to males and females and I know that he doesn't hold back. He is just doing the job asked of him. When it is over, Peter will sign a form of completion and you will need to sign this as well and bring it directly to me together with the cane. Again you will need to walk up the stairs. Any questions?"
"No. I won't be seeking an extension and have no cause to delay. I think I'd like to get it over with as soon as possible. I'll try and arrange for this afternoon and pop out at lunchtime for a short skirt."
"Fine Laura. You may also want to buy some witch hazel to help with the bruising afterwards? - Probably see you later. Good luck!"
Peter Jones had joined Gilbert and Mayes as Security Officer following his retirement from the Metropolitan Police as an Inspector in 2005. He is a tall and imposing man but always pleasant in his dealings with staff and clients. He takes his job seriously and has made numerous improvements to the overall security of the Company and offices. He has two assistants who are not from a police background.
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