Two future Herbert Smith trainees have had their careers terminated before they've even started after failing an exam - by one mark.

The students were undertaking the accelerated LPC at BPP Law School, and apparently achieved 49%in the stage one litigation paper. According to sources, this was enough for Herbert Smith to inform them that they would no longer be welcome at Exchange House.

    An LPC student yesterday 

A miss is as good as a mile and the firm's entitled to do this even if there's only one mark in the balance. But it's incredibly harsh and it looks very much like opportunistic cost cutting. The students would have been offered training contracts long before the downturn hit, Herbies (in common with most big firms) now has more trainees than it needs and it's probably grateful for the chance to do some pruning. The move coincides with the firm confirming that it has asked its Sept 2010 and March 2011 joiners to defer by six months for an extra £10,000 in compensation.

The firm's not having much luck with its new joiners. Unkind commentators have queried why a trainee who has been found guilty of misconduct should be allowed to stay in her job, whereas students who have failed one paper by one point should have their contracts rescinded.

A spokesman said that "the current terms and conditions in our offer of employment clearly state that students have to pass all elements of the LPC course at the first attempt.  We look to apply this policy on a consistent basis but do take into account any genuine mitigating circumstances before making a decision."
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