Employment tribunal judge accused of bullying and sexism 'shouted at one woman 16 times during her case'

An employment tribunal judge is accused of bullying women who appeared before him and of shouting at a woman 16 times during her three-day case.

Judge Philip Lancaster has been accused by five different women of bullying and sexist behaviour during employment tribunal hearings.

The women who have encountered him on separate occasions say they want to speak out to highlight his degrading behaviour towards them. 

One woman told BBC News that she feared for any woman who appeared before him.

Another called his behaviour 'profoundly disturbing'. 

Dr Hinaa Toheed, a GP, appeared before Judge Lancaster in February 2022 while bringing a case of maternity discrimination against her former business partner.

She says that she was shouted at repeatedly by the judge who also hurled insults at her including calling her an 'omnishambles'.

The GP said that while giving evidence Judge Lancaster took over the cross-examination and she felt bullied into conceding points that favoured her former business partner. 

She said she felt that if she didn't agree with what he said she would be shouted at.

The shouting was so bad that Dr Toheed's legal team was concerned and began to note down every time he raised his voice at her while she was giving evidence.

They counted 16 separate occasions over just three days where the judge bullied the GP.

Dr Toheed's lawyers also considered asking the judge to stand down but were worried they would be unsuccessful and their request would only antagonise the judge further.

The GP lost her case but is appealing against the findings.

Following the tribunal's conclusion Dr Toheed complained to the Courts and Tribunal Judiciary about Judge Lancaster, accusing him of 'an inappropriately hostile attitude' during her hearing.

Her complaint was considered in 2022 by a higher judge, Stuart Robertson, but his conclusion is on hold until Dr Toheed's appeal is decided.

Judge Robertson said his decision to hold off from making any conclusions was due to her complaint making similar points to her appeal and he wished to avoid embarrassing the tribunal process.

Dr Toheed said she feels as though the judiciary are more concerned with their reputation than the conduct of Judge Lancaster.

Dr Toheed's experiences were not isolated as nine months earlier a woman called Andra had appeared before Judge Lancaster to represent her partner, Ion Ionel.

Mr Ionel was a joiner from Romania who had brought a case of racial discrimination against the construction company he worked for.

Although not legally trained, Andra, who is also Romanian said she was fully prepared for the hearing.

However, she told the BBC she had had a horrible experience before the judge who appeared irritated and shouted at her and her partner on more than one occasion.

She said: 'I don't think I've ever been treated like that in my life.'

Andra said she was constantly interrupted, her questions were described as irrelevant and he criticised her line of questioning. 

Mr Ionel lost his case but was successful on appeal.

An appeal tribunal said that there had been 'serious material procedural irregularities' during the hearing, including 'a significant number of occasions when the judge intervened to prevent questioning of the respondent's witnesses'.

Although a new hearing in front of a different judge has been scheduled for September, Andra still wants to take action against Judge Lancaster after her horrible experience.

Alison McDermott, an HR consultant, brought a case against nuclear waste disposal Sellafield.

The HR consultant, who claimed she was fired from a job at a nuclear waste site because she blew the whistle on allegations of bullying and sexual harassment, lost her original employment tribunal.

During her first hearing, she referred to criticisms of Judge Lancaster including that he screamed at her and made demeaning comments about her earnings.

Ms McDermott believes her treatment was because she was a woman.

Her case garnered media attention and encouraged others to come forward and complain.

Although Ms Mcdermott lost her case, an appeal judge found there had been errors in the tribunal and awarded her some concession and a new tribunal is now investigating her claim.  

Since November 2023, audio from employment tribunal cases has been recorded in England Wales but the cases which are being brought against Judge Lancaster occurred between 2028 and 2022.

During the hearings, the judge's written notes were treated as the official court record for employment tribunal hearings making it more difficult to have complaints upheld the five women say.

Two other women who have complained about the tribunal judge include an NHS nurse who brought a claim against her employers in 2021.

She claims Judge Lancaster showed a preference for her employer's witnesses and said he bullied her.

She lost her case but was partially successful on appeal.

A woman who had her case heard by Judge Lancaster in 2018 said his behaviour throughout her hearing was 'erratic' and 'disturbing'. 

In a statement, the Courts and Tribunals Judiciary said it could not provide comment in response to any conduct allegations.

Judge Lancaster, who has been an employment tribunal judge since 2007, declined to comment when approached by the BBC.