New hearing for GP shouted at by tribunal judge

A GP who was repeatedly shouted at by a tribunal judge has won the right to have her case reheard.

Dr Hinaa Toheed, from Leeds, appealed against a 2022 employment tribunal ruling, citing the alleged conduct of presiding judge, Philip Lancaster. She claimed he shouted at her "at least 16 times" during the hearing.

An investigation found Lancaster "raised his voice on several occasions" and interrupted Toheed's evidence "to an inappropriate extent", creating a "hostile environment" for her.

"I was not simply shouted at," Toheed said. "I was bullied and treated with overt bias." Lancaster, who has been an employment judge in Leeds for almost two decades, was approached for comment.

Lancaster presided over a case Toheed had brought for alleged maternity discrimination against her employer in 2022, with the GP feeling "bullied" by the judge's interruptions.

"Even the barrister representing the other side accepted that I did not receive a fair hearing and was treated with hostility," she said.

She lodged an appeal after the tribunal ruled against her, claiming the conduct of the hearing was "improper and/or was such that a fair minded and informed observer would have concluded there was a real possibility of bias".

An employment appeals tribunal has now ordered a new hearing to be held.

Toheed and two other women are bringing separate legal action against the watchdog that oversees judges, alleging the Judicial Conduct Investigations Office (JCIO) failed to properly investigate their complaints against Lancaster.

In a hearing set for June, the women allege the JCIO "unlawfully" and "unreasonably" failed to address their complaints.

"This isn't just about Lancaster," said Toheed.

"The complaint system was merely a bureaucratic exercise not fit for purpose. This falls far short of justice."

The three women are part of a wider group of 10 complainants who each allege they suffered bullying, intimidation, banging of the table and/or excessive interruptions from the judge in the past seven years.

The JCIO did not investigate most of their complaints.

Toheed maintains that the legal action against the JCIO forced it to act over her complaint.

The watchdog concluded that Lancaster had raised his voice "out of frustration" and he was issued with formal advice, the lowest form of punishment.

Lancaster said the hearing was factually complex and that he had to intervene on a large number of occasions to establish the chronology, according to JCIO findings.

It said he apologised if he had appeared sharp but denied that he had shouted or exhibited any bias.

He had also provided details of difficult personal circumstances he had been experiencing at the time.

The ruling said the watchdog had taken into consideration the judge's "significant personal mitigation, his genuine expression of remorse and his 20-year unblemished conduct record as a judge".

"That record is unblemished only because complaints were either dismissed or placed into abeyance without investigation," said Alison McDermott, one of the complainants bringing the legal action.

"We know that complaints about Lancaster predate May 2022. This was not a case of isolated grievances, it was a clear, credible and consistent pattern of serious concerns."

A JCIO spokesperson said: "The independent JCIO has responsibility for the investigation of conduct and discipline of judges. The JCIO cannot comment on live legal proceedings."

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