SRA permits the employment of a section 43-restricted worker, subject to strict conditions
The Solicitors Regulation Authority has approved the employment of Mukesh Salhan as a caseworker at MCS Solicitors Ltd, subject to a series of strict conditions under section 43 of the Solicitors Act 1974. The decision, published on 14 November, confirms that the regulator is satisfied that the arrangement will not put public confidence or client interests at risk.
Mr Salhan, who is subject to a section 43 order imposed on 23 July 2025, may only work at the Birmingham-based firm after MCS Solicitors applied for permission to employ him. Under section 43, a person who is not a solicitor but has been made subject to such an order cannot be employed or remunerated by an SRA-regulated firm without the regulator’s approval.
The SRA stated that approval has been granted for Mr Salhan to work as a caseworker, but only within the boundaries set out in the firm’s initial application and associated documents submitted on 13 August 2025, as later amended on 11 September 2025. Those documents include the job description, personal specification, extracts from the firm’s quality procedures manual, and a letter from supervising solicitor Hockam Salhan.
A central condition of the approval is that Mr Salhan must be supervised at all times by Hockam Salhan, who holds SRA number 142676. Should the supervisor be absent from the office for more than 24 hours, Mr Salhan is not permitted to attend the office. The SRA’s decision confirms that he is not allowed to supervise any other staff at the firm.
Further restrictions relate to the handling of finances. Mr Salhan is prohibited from accessing any office or client account and cannot act as a signatory on those accounts. His duties at MCS Solicitors must remain strictly limited to those outlined in the approved job description.
Embed from Getty Images
The SRA also requires that any proposed changes to his role or supervision arrangements must be notified in advance. No variation can take effect unless the regulator grants specific permission. The approval automatically lapses if Mr Salhan leaves MCS Solicitors or if his employment is terminated.
The regulator emphasised that the approval and the accompanying conditions remain subject to review at the SRA’s discretion. The decision document states that the regulator is satisfied that “the above employment will not put public confidence in the administration of justice and the provision of legal services or the interests of clients at risk”.
The section 43 mechanism enables the SRA to regulate the employment of individuals whose previous conduct has raised concerns but who are not solicitors. It is used to prevent such individuals from working in legal roles without oversight that the regulator considers sufficient to protect the public and the integrity of legal services. In this case, the regulator accepted that the proposed supervisory framework and restrictions provided adequate safeguards.
MCS Solicitors Ltd, based on the 10th floor of The McLaren Building in Birmingham, is regulated by the SRA under firm number 819841. Its application to employ Mr Salhan set out the internal systems and supervision processes the firm intended to use. The regulator’s approval confirms that those systems meet the standard required for a section 43 approval.
The decision makes clear that the permission applies solely to the arrangement described in the application and supporting documents. Should the firm wish to expand or alter Mr Salhan’s responsibilities, it must seek new approval before making any changes.
The SRA’s published outcome underscores its ongoing oversight of the conditions. The regulator retains the discretion to revisit or revise the approval if concerns arise. For now, the decision allows Mr Salhan to work as a caseworker under close supervision within the strict confines of the regulatory framework.