JCIO 03/25

A spokesperson for the Judicial Conduct Investigations Office Said:

The Senior President of Tribunals, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Employment Judge Gary Denis Tobin with formal advice for misconduct.

Facts

The ‘Guide to Judicial Conduct’ states that judicial office-holders are expected to display diligence and care in the discharge of judicial duties.

Following a hearing in the Employment Tribunal, a party to a case complained that Judge Tobin had still not provided written reasons despite them having requested these around five months prior. When the complainant received the written reasons, more than six months had passed since the request.

Employment Judge Tobin’s representations

Judge Tobin accepted that he had delayed in providing the written reasons. He explained that he had given a full oral judgment during the hearing and informed the parties that, due to work pressures, written reasons were likely to take some time if requested. He read his judgment slowly to allow the parties to take notes.

Judge Tobin cited his extremely busy workload and explained that he had to prioritise other outstanding work at this time, such as reserved judgments. He had apologised to the complainant for the delay and apologised again in his representations.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that Judge Tobin’s delay of six months in providing written reasons amounted to misconduct. In reaching this decision, the nominated judge found that Judge Tobin failed to keep the parties updated as to the delay and when the written reasons for his decision could be expected and did not approach his Regional Employment Judge soon enough to ask for additional time to produce the reasons. The nominated judge found that Judge Tobin therefore did not exercise sufficient diligence and care in the discharge of his duties.

In recommending formal advice, the nominated judge observed that the misconduct was at the lowest level of seriousness, the complaint did not call Judge Tobin’s integrity into question and the delay did not cause any detriment to the complainant.

Decision

The Senior President of Tribunals and the Lord Chancellor agreed with the nominated judge that formal advice was a reasonable and proportionate sanction in this case.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website