An employment tribunal has dismissed a discrimination claim by a disabled barrister regarding his unsuccessful applications for judicial roles.
In a recent tribunal decision, a discrimination claim filed by Jacob Meagher, a barrister with disabilities, was dismissed due to ineligibility for the judicial posts he aspired to. Employment Judge G Smart addressed the claim, stating that Meagher was not eligible for the positions he applied for, such as deputy district judge, which necessitated five years’ post-call experience. Although Meagher argued that his New Zealand experience should count towards this requirement, the Judicial Appointments Commission (JAC) member allegedly assuring him of this denied such a claim.
The tribunal’s decision arrived on a strike-out application, meaning that detailed findings on disputed facts were not made; however, for the purposes of the decision, Judge Smart assumed Meagher’s assertions regarding his conversations with the JAC were accurate.
Meagher had also accused the JAC of failing to make satisfactory reasonable adjustments regarding online qualifying tests, which discouraged him from applying for a recorder position in 2023—a role demanding seven years’ experience.
The law dictates that claimants must demonstrate genuine interest in a role they were rejected from under discriminatory circumstances for them to have the standing to sue. Despite Judge Smart recognising Meagher’s subjective interest in these roles, he ruled that Meagher’s legal ineligibility negated a genuine interest.
Moreover, Meagher accepted his responsibility in verifying his eligibility, undermining his claim of being misled by the JAC. The tribunal found that the advertising literature clearly outlined eligibility requirements, which Meagher, given his qualifications, was expected to understand.
The dismissal of the victimisation claims was also noted, as these allegations were based on the perceived failure to make reasonable adjustments.
Significantly, it was mentioned that Meagher has initiated a second claim concerning a more recent judicial application.
This tribunal outcome highlights the importance of verifying personal eligibility before pursuing legal claims related to employment discrimination.
