England: Payout for former judge Peter Herbert in race discrimination claim

England: Payout for former judge Peter Herbert in race discrimination claim

Former Crown Court judge Peter Herbert has settled a claim with the Ministry of Justice after alleged race discrimination.

Mr Herbert, whose case was due to be heard next week at an Employment Tribunal in Leeds, had sued for discrimination, victimisation, and harassment after he was disciplined for a speech he gave at a rally in London in 2015.

The case has now been settled, although the details of this remain confidential.

Mr Herbert told The Times“This settlement allows me to walk away with my reputation and dignity intact. Racism is part of the DNA of every institution in British society; the judiciary are sadly no exception.”

Mr Herbert had previously been disciplined for the remarks he made at the 2015 rally which criticised Richard Mawrey QC, alleging that the deputy High Court judge had made his decision to disqualify the former mayor of Tower Hamlets based on discriminatory beliefs.

The judicial conduct investigation office found that it had been inappropriate for Mr Herbert to make such remarks about the justice system and certain judges. It also acknowledged that the disciplinary process was handled incorrectly and the panel recommended that a “suitably senior person” should issue an apology as the issue should not have resulted in a suspension.

A judicial office spokeswoman said that while the Ministry of Justice, lord chief justice and investigation office “were all satisfied that they would successfully defend the claims, taking into account the time and expense of a trial [they] agreed to a settlement conditional on Mr Herbert withdrawing his claims against all respondents”.

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