4 New Square defeats race discrimination case
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The London barrister who sued three members of 4 New Square and the set’s senior clerk on grounds of racial and disability discrimination has lost her case.
Dr Aisha Bijlani, a member of the set, argued that because of race discrimination in the clerking room she earned £7m less than her colleagues during her 16 years with the set, claiming that her loss of future earning was in excess of £26m.
The Employment Tribunal rejected 16 claims made by Bijlani against former head of chambers Roger Stewart QC, senior clerk Lizzie Wiseman and silks Justin Fenwick QC and John Powell QC.
It was alleged that the set’s management had failed to properly deal with complaints of a racist culture and had conspired against the claimant after she raised concerns about the amount of work she received as a junior.
Bijlani alleged that she was discriminated against by a culture of racism that was allowed to exist in the clerks room.
The tribunal dismissed a series of allegations including the suggestion that clerks had failed to collect fees on her behalf, that management failed to provide equal opportunity training for the clerks and that the set failed to investigate complaints made by the claimant.
In a statement, 4 New Square said: “We believe the judgment to be fair and right but don’t wish to make any other public statement.”
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Readers' comments (17)
J. Morgan | 3-Mar-2010 5:35 pm
Let's remember the more accurate and updated definition of racist:
Racist: 1. Slang: Extremely Disparaging and Offensive term for a white person. 2: a belief that race is the primary determinant of human traits and capacities, if promoted by white people. 3: a belief that racial differences produce an inherent superiority of a particular race, if promoted by white people.
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Christina Delahunty | 3-Mar-2010 8:40 pm
Congratulations on the great result.
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Anonymous | 4-Mar-2010 4:16 am
Hmmm. I'm not sure about that. What's with all the "white people" nonsense? What type of dictionary would define racism as prejudice on the part of "white people" only?
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Winnie Pooh | 4-Mar-2010 8:45 am
Anonymous, I think J Morgan is being sarcastic, implying that racism nowadays works both ways, or even that the allegation of racism is sometimes used by people with lesser ability to cover their own failings.
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Big Dave | 4-Mar-2010 2:49 pm
Maybe she should have accumulated 20 or 25 years' worth of grievances, instead of just 16.
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Anonymous | 4-Mar-2010 2:56 pm
Certainly disturbing....clearly 4 New Square have a fine set of QC'c who can defend them selves but we can't sweep an age old history of race prejudices with the new slang of diversity and inclusion.
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Anonymous | 4-Mar-2010 3:23 pm
Having worked with 4 New Square, am not surprised at the result. Overall a very sad day for the poor person who dares to take on the establishment. Lesson for all - be very careful when ever you come against 4 New Square as they will win at all costs!!
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Marshall Hall KC | 4-Mar-2010 4:27 pm
Any comment yet from Bindman and Partners (her lawyers) who crowed about this bizarre claim in its early stages...
Were they on a contingency fee agreement perchance?
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Nasir | 4-Mar-2010 4:41 pm
You get judged on your ability to do the job and in this day and age where it is much more level playing field for all races.
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Anonymous | 4-Mar-2010 4:50 pm
They may have won the battle but they lost a lot of respect from the legal community from what was revealed about their practices (sexual and otherwise).
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