Respondents Barrister asked for job reference at PHR

[abeke22]

I have been self representing myself for a sex/race/disability discrimination and unfair discrimination case. We have had a total of 8 hearings with the 9th one imminent. The respondents hve done all the usual tactics which despite my protest were ignored by the judge and they would have discussions about the merit of the case as if I was not in the room. I was not allowed to cross examine my ex boss over the claims made in his witness statement, and it has felt throughout that the judge had made up his mind about the case from the onset. To add insult to injury at the last hearing the Respondents Barrister encouraged by their seemingly closeness asked the Judge for a job reference at the tail end of the hearing and the Judge agreed to give it to him advising him to send the request to him and mark it private and confidential. Is this allowed? I have had four different people attend the hearing with me and they have all questioned the partiality of the Judge. Is there something I can do?

[BRIGADIER2JCS]

This is very odd in my opinion, and I think you need to seek qualified legal advice locally and you need to be properly represented at the next hearing.

[steampowered]

Asking a judge for references is standard practice I'm afraid. Whenever a barrister applies to become a "QC", which is a title given to senior barristers, they need to provide judicial references as part of the application process.

 

However I think it is inappropriate to ask the judge in the court room while a case is ongoing in front of the other side. I think the barrister should have waited until after the decision had been handed down. But I don't think this would mean the judge is biased, since the inappropriate behaviour came from the barrister not the judge.

[SweetLorraine]

Hi abeke22,

 

when I had my claim a lot of my protests about Respondent's behaviour fell on deaf ears at the Tribunal. They too had discussions with the Judge in my absence and when I asked to be informed of the contents of those meetings I was told it was none of my business!

 

Eight meetings so far? That is a right long innings so far isn't it? It might be worth seeking out some legal advice on the merits of your case to date. What was decided at the PHR? (Can you say?)

 

As for the job reference moment - well, many legal reps may appear fairly regularly at the same Tribunal offices in front of the same judges. A 'club' atmosphere may prevail.... and you are the stranger in that club. (Mind you with eight meetings and counting, abeke22 it won't be long before you too may be entitled to ask for a job reference as well!)

[abeke22]

No decision yet, another hearing tomorrow and decision on the 11th of November.

[abeke22]

The judge was supposed to be retired in September but wants to see this case through. However, The other side might as well not be represented because he is doing their job for them!

[SweetLorraine]

Well good luck tomorrow abeke22, let us know how it works out. It sounds so cosy they may even have the Judge's leaving party before they start the hearing!

[abeke22]

Thought I would take some champagne to toast the judge but I guess that would be an overkill....I am going for broke whatever happens, happens....2 years of my life is about as much as I can take so I need to go in there and give my best. Thank you SweetLorraine!

[SweetLorraine]

Hi abeke22,

 

all those meetings must be a slog. If it doesn't go well tomorrow there is always the EAT if you have valid grounds of appeal. If not, I hope you can shake the dust from your sandals and move on.

 

I took a fair time to recover from my time in the Tribunal process - I put a lot of trust in the service and, on reflection, the worrying and the stress wasn't worth the effort given the Tribunal's day to day performance.

 

Do try to seek out some free legal advice if you do go on.

 

Good luck.