Calls to investigate judge amid misogyny claims

In recent years, the UK judiciary has faced scrutiny over allegations of misconduct, particularly concerning claims of bullying and misogyny within employment tribunals. A focal point of these concerns is Judge Philip Lancaster, an employment tribunal judge based in Leeds, who has been accused by multiple women of exhibiting intimidating and sexist behavior during hearings. These allegations have ignited debates about judicial accountability and the mechanisms in place to address complaints against judges.

Allegations Against Judge Philip Lancaster

Several women who appeared before Judge Lancaster have publicly accused him of inappropriate conduct. Dr. Hinaa Toheed, a general practitioner, brought a maternity discrimination case in February 2022. She reported that during her hearing, Judge Lancaster described her case as an “omnishambles” and took over cross-examining her, shouting at her multiple times. Her legal team documented 16 instances of him shouting at her over three days. Dr. Toheed’s complaint to the Courts and Tribunal Judiciary about the judge’s “inappropriately hostile attitude” has been put on hold pending the outcome of her appeal.

Another case involves Andra, who represented her partner, Ion Ionel, in a racial discrimination claim in May 2021. She recounted that Judge Lancaster appeared irritated from the outset, frequently interrupting and shouting at both her and her partner. The appeal tribunal later found “serious material procedural irregularities” in the original hearing, leading to a new hearing being scheduled before a different judge.

Similarly, Alison McDermott, an HR consultant, brought a high-profile case against Sellafield in 2021. She alleged that Judge Lancaster yelled at her and made “sneering” comments about her earnings, suggesting a bias against professional women. Although she lost her case, an appeal judge identified errors in the tribunal process and deemed some of Judge Lancaster’s remarks as “troubling.”

Additional Accusations and Patterns of Behavior

Following initial reports, more women have come forward with similar allegations. Jackie Moore, who represented her daughter in October 2022, described Judge Lancaster as “patronising,” noting that he repeatedly snapped at her and obstructed her questioning of witnesses. She felt “battered, intimidated, and bullied” by his conduct.

Another woman, who wished to remain anonymous, represented herself in a case earlier this year. She stated that Judge Lancaster made her feel “like a villain being prosecuted,” frequently interrupting her and preventing her from presenting her case effectively. She described his behavior as “appalling and degrading, verging on psychological abuse.”

Judicial Response and Accountability Mechanisms

The Courts and Tribunals Judiciary has refrained from commenting on specific allegations, citing constitutional arrangements that prevent judges from discussing matters of conduct. They have indicated that allegations of misconduct can be referred to the Judicial Conduct Investigations Office (JCIO).

However, concerns have been raised about the transparency and effectiveness of the complaints process. The JCIO and the Ministry of Justice have been criticized for not disclosing the number of complaints made against tribunal judges. A consultation in 2022 estimated between 700 and 800 complaints annually, yet only a fraction result in disciplinary action. This opacity has led to accusations of a “cover-up” and calls for a comprehensive investigation into judicial misconduct handling.

Challenges in Addressing Judicial Misconduct

Addressing complaints against judges presents several challenges. Until November 2023, employment tribunal proceedings were not routinely recorded, making it difficult to substantiate claims of misconduct. Even with recordings now in place, access is restricted, and obtaining transcripts can be costly. Furthermore, judges’ notes are considered the official record, and there is no obligation to release them, complicating efforts to review alleged misconduct.

The process for handling complaints has also been criticized. Before October 2023, complaints about tribunal judges were managed by tribunal presidents, raising concerns about conflicts of interest and potential cover-ups. Although the JCIO now handles these complaints, the lack of transparency persists, with limited information available about the outcomes of investigations.

Implications and Calls for Reform

The allegations against Judge Lancaster and the broader issues within the tribunal system have significant implications. They highlight potential systemic problems in ensuring fair and impartial hearings, particularly for women alleging discrimination or harassment. The reported behavior undermines confidence in the judicial process and may deter individuals from pursuing legitimate claims.

There are growing calls for reforms to enhance transparency and accountability. Suggestions include:

• Independent Oversight: Establishing an independent body to handle complaints against judges, separate from the judiciary, to ensure impartiality.

• Transparency in Reporting: Requiring the JCIO and the Ministry of Justice to publish detailed annual reports on the number and nature of complaints, as well as the outcomes of investigations.

• Access to Records: Improving access to tribunal recordings and transcripts for claimants, facilitating the substantiation of misconduct claims.

• Training and Monitoring: Implementing regular training for judges on appropriate courtroom behavior and establishing mechanisms for ongoing performance evaluations.

Conclusion

The multiple allegations against Judge Philip Lancaster have brought to light critical issues within the UK’s employment tribunal system regarding judicial conduct and accountability. The experiences shared by several women suggest a pattern of behavior that, if substantiated, calls for immediate and comprehensive reforms. Ensuring transparency in the complaints process, providing accessible mechanisms for addressing misconduct, and fostering a culture of accountability are essential