A tribunal member has been formally warned following misconduct involving racially charged comments made to a court worker.
- Dr Simon Ward engaged in a conversation with a HMCTS staff member that was deemed inappropriate by authorities.
- Ward’s remarks included questions about the staff member’s heritage and references to colonial history.
- The Judicial Conduct Investigations Office found the staff member’s account of the incident to be largely accurate.
- A formal warning was issued considering Ward’s lack of insight into the offence caused by his comments.
Dr Simon Ward, a tribunal member, faced formal reprimand after making comments to a HMCTS court worker that contained racial implications. The incident occurred during a work event where Ward allegedly made comments about the staff member’s heritage, questioned her sentiments towards British people due to colonial history, and discussed India in a manner that was found offensive.
Ward defended his actions by stating his intention was merely an innocent discussion stemming from his interest in his art history studies, which involved learning about British colonialism in India. He apologised for any distress caused, although the investigation confirmed the accuracy of the staff member’s account.
The Judicial Conduct Investigations Office spokesperson highlighted that Ward’s comments inherently carried racial discrimination elements by implying the staff member was not British or closely related to Indian nationals. It underscored the inappropriate nature of assuming or questioning someone’s nationality based on their racial or ethnic background.
Despite Ward not expressing hostility or questioning the staff member’s professional capabilities, the investigation concluded that his conduct amounted to harassment on racial grounds, undermining the individual’s dignity. His previously unblemished record and expressed remorse were noted but did not prevent the issuance of a formal warning.
The Judicial Conduct Investigations Office remarked that the decision for a formal warning was influenced by the racial nature of the harassment and Ward’s failure to recognise the offensive nature of his remarks. The senior president of tribunals, representing the lady chief justice and the lord chancellor, endorsed the formal warning as fitting punishment for misconduct.
The tribunal member’s remarks underscore the importance of sensitivity and awareness in professional interactions to avoid discriminatory conduct.
