Race-claim barrister in dismissal appeal
The barrister who lost an Employment Tribunal racial discrimination case against three members of her former set and its senior clerk has launched an appeal.
Aisha Bijlani, whose claim that a culture of discrimination in the clerking room at 4 New Square cost her as much as £7m in lost earnings during her 16 years with the set, submitted a notice to appeal to the Employment Appeal Tribunal (EAT) last week.
The original tribunal dismissed allegations made against former head of chambers Roger Stewart QC, as well as Justin Fenwick QC, John Powell QC and senior clerk Lizzie Wiseman. These included suggestions that clerks failed to collect fees on Bijlani’s behalf and that management did not investigate complaints made by the claimant of a racist culture in chambers.
Bijlani’s appeal centres on the claim that the tribunal “failed to apply the correct legal test for harassment” and did not consider that “conduct and attitudes” in the clerks’ room at 4 New Square ”created a hostile working environment”.
The appeal further challenges the tribunal’s conclusion that the set did not fail “to act more robustly on grounds of race” with regard to the attitudes of its clerks.
Bijlani has again instructed discrimination expert Althea Brown of Doughty Street Chambers.
The EAT has six weeks to decide whether the appeal will be heard in court.
4 New Square declined to comment.
Readers' comments (2)
Anonymous | 19-Apr-2010 11:01 am
What has Aisha Bijlani got to lose?
She is rightly defending her rights - this is a very dangerous place that 4 New Square finds itself.
It is a matter of fact, that the reason why BMEs & women do not complain about this type of treatment is they fear the negative effect that this will have on their careers, and the consideration that they would not be able to get a job again in the legal industry - a reference is a very powerful weapon, it makes people accept terms & behaviour and that they wouldn't in normal circumstances.
Once the employer loses this key weapon in their arsenal, you are bound to find a myriad of skeletons in the closet!
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Anonymous | 1-Jun-2010 11:09 pm
The reporting on the ET trial dried up when allegations against the Claimant were brought up. Just bear this in mind before making comments and wait for the reporting of the EAT decision should her appeal make it to an oral hearing.
With reference to the above comment - anyone no matter what their race are in the same position when faced with the awful reference weapon.
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