JCIO 63/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Employment Judge (EJ) Philip Lancaster with formal advice for misconduct.

Facts

The Guide to Judicial Conduct reminds office-holders to be courteous, tolerant and respect the dignity of all. They should also ensure that their conduct maintains and enhances confidence in their personal impartiality and that of the judiciary.

In 2022, a complaint was made to the President of the Employment Tribunals (England and Wales) regarding the manner in which EJ Lancaster conducted a hearing. The complainant alleged that EJ Lancaster displayed bias, shouted on multiple occasions, made hostile and inappropriate comments and repeatedly interrupted during cross-examination. Investigation of the complaint was deferred to await the outcome of an associated appeal, however in 2025, the deferral was lifted and the investigation resumed under the Judicial Conduct (Tribunals) Rules 2014.

EJ Lancaster’s representations

EJ Lancaster explained that the hearing was factually complex and that he considered it necessary to intervene on a large number of occasions to establish the contextual chronology. He accepted that he could have handled the hearing differently and apologised if he had appeared sharp but denied that he had shouted or exhibited any bias. EJ Lancaster also provided details of difficult personal circumstances he had been experiencing at the time.

President’s findings and recommendation

The President found that EJ Lancaster had raised his voice on several occasions out of frustration. The President also found that EJ Lancaster had interrupted the complainant during cross-examination to an extent, which was inappropriate, and which created a hostile environment for the complainant.

In recommending formal advice, the President took into consideration EJ Lancaster’s significant personal mitigation, his genuine expression of remorse and his 20-year unblemished conduct record as a judge.

Decision

Having considered the mitigation offered by EJ Lancaster, the Lady Chief Justice and Lord Chancellor agreed with the President’s recommendation and issued him with formal advice. 

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