Ten women are challenging the Judicial Conduct Investigations Office, claiming that it fails to hold judges responsible for misconduct.
Good Law Project is supporting the legal action led by Sellafield whistleblower Alison McDermott, and Dr Hinaa toheed, a GP. The group demands an investigation of Judge Philip Lancaster. They allege a pattern bullying, misogynistic, and biased behaviour during employment tribunal hearings.
Two doctors, a nursing student and several whistleblowers are among the claimants. They have all appeared in separate employment tribunals before Judge Lancaster. They describe similar conduct as intimidating, sexist, and discriminatory.
Misconduct Allegations
Lancaster’s lawyer recorded that Dr Hinaa toheed was shouted at at least 16 different times during an hearing in February 2022.
Later that same year, Jackie Moore who represented her daughter in an employment discrimination case described how Lancaster “blocked or questioned” her questions in a way described as aggressive and dismissive.
Lancaster’s behavior has been questioned by several successful challenges to his decisions at employment appeal tribunals. In one case, the High Court judge referred to his remarks about a female as “troubling”, adding weight to claims of his unchecked behaviour.
“Crushing Dismissal” of Complaints
The group claims that the cases they have brought to light highlight the serious flaws of the employment tribunal system. This includes the lack transparency. Lancaster has refused to make public his personal notes in many cases.
It is also difficult to gauge the extent of the problem because the Judicial Conduct Investigations Office refuses to reveal how many complaints were made against employment judges. They believe this lack of accountability is allowing judicial misconduct unchallenged.
Alison McDermott argued the JCIO fails to ensure judicial accountability. “They have chosen to protect a corrupt system where judges can abuse their power without consequences against women. She said that “woman after woman has come to me with similar appalling stories about Judge Lancaster’s behavior – and how their complaints were crushed.” “We won’t remain silent or stand by while more women are hurt.”
Calls for greater oversight of Judicial conduct
Good Law Project has expressed concerns over the issue of judicial supervision. Executive Director Jo Maugham stated, “Judges come from the same wood as us.”
The difference is their immense power magnifies the effects of their failures. We are worried that this hasn’t happened.
This case has brought to light the need for judicial conduct investigations that are free of bias and abuse. This case could impact how future complaints against judges will be handled.
