Whistleblowers demand investigation into Employment Judge Lancaster's conduct

13 Mar Whistleblowers demand investigation into Employment Judge Lancaster’s conduct

Posted at 12:14h in Discrimination & equality, Emily Soothil, Gender equality, Human rights, Judicial review & public law by Rachel Tribble

Deighton Pierce Glynn (DPG) has been instructed to represent a group of individuals, including two doctors, a nurse, and several whistleblowers, who have made serious allegations of intimidating, sexist, and discriminatory conduct by Employment Judge Lancaster.

Led by Sellafield whistleblower Alison McDermott and Dr. Hinaa Toheed, and supported by the Good Law Project, the group is calling for an investigation into the judge’s alleged bullying, misogynistic, and biased behaviour, which has reportedly gone unchecked despite numerous complaints.

Dr. Hinaa Toheed’s barrister documented that Judge Lancaster shouted at her at least 16 times during a February 2022 hearing. Dr. Toheed stated, “I came to court because I was being bullied by a man only to be bullied by another man.” Later that year, Jackie Moore, representing her daughter in a disability discrimination case, described how Judge Lancaster systematically “blocked or challenged” her questions, speaking to her in an aggressive, dismissive, and condescending manner.

Multiple successful employment appeal tribunal challenges against Judge Lancaster’s rulings further highlight concerns about his competence. In one case, a High Court Judge characterised Lancaster’s comments about a woman as “troubling,” validating the experiences of those who have appeared before him.

Despite these concerns, the Judicial Conduct Investigations Office (JCIO) has refused to open an investigation, raising fears that the system is shielding judges from accountability. The group points out a critical failure in the employment tribunal system: no official court record exists in many of these cases – only Judge Lancaster’s personal notes, which he refuses to release.

In another example of a lack of transparency, the JCIO is refusing to disclose how many complaints have been made against employment judges, making it difficult to assess the true scale of the problem.

The group is represented by Emily Soothill, Dr. Charlotte Proudman of Goldsmith Chambers, Finnian Clarke of Doughty Street, and a prominent King’s Counsel. The legal team will be advising on developing a strong case against the JCIO for its failure to investigate Judge Lancaster’s alleged misconduct and to highlight systemic failings within the employment tribunal system.

The Good Law Project has launched a fundraiser for the legal challenge: https://goodlawproject.org/crowdfunder/judgingjudges/

Alison McDermott said:

“The JCIO have betrayed their fundamental duty to ensure judicial accountability. They’ve chosen to protect a system that lets judges abuse their power against women without consequence. One woman after another has reached out to me with the same appalling accounts of Judge Lancaster’s conduct—and the crushing dismissal of their complaints. We will not remain silent and stand by as more women are harmed.”

Good Law Project’s Executive Director, Jo Maugham, said:

“Judges are made from the same crooked timber as the rest of us. What’s different about them is that their enormous power amplifies the consequences of their failures. So they must be subject to proper oversight and accountability – and we are concerned that that has not happened here.”