Law firm sued over e-mail requesting 'busty blonde'

Two City solicitors who sent an e-mail in which one of them requested a "busty blonde" as a replacement for their black secretary are being sued for sex and race discrimination.

Employment law experts said the case would be the first to establish whether an offensive e-mail could form the basis of a successful claim for discrimination.

In an exchange of messages, sent hours after the legal secretary had handed in her resignation from a leading London law firm, one of the solicitors wrote to his colleague: "Can we go for a real fit busty blonde this time? She can't be any more trouble and at least it would provide some entertainment!!" The incident only came to light when the woman who had resigned inadvertently read the e-mails and complained to the head of personnel at Charles Russell.

The two lawyers, one of whom is a partner, have since written letters apologising for their behaviour. Clive Hopewell, the partner, dismissed the e-mail as "a childish joke" that he hoped would not "sour a good working relationship", and offered the woman the chance to "chat" about it over lunch.

Adam Dowdney, the solicitor who wrote the e-mail, called it a "senseless and thoughtless joke" and said he hoped they could all put the incident behind them. However, the 32-year-old secretary from Peckham was so upset that her doctor signed her off work.

The case is due to go before a tribunal next year, which can award unlimited damages. A spokeswoman for Charles Russell said it would be "vigorously defending the action".

Lawrence Davies, of the Employment Law Practitioners' Association, warned that if the secretary won her case companies would have to ensure the content of e-mails did not cause serious offence.