A tribunal member has been issued with a formal warning for misconduct over his ‘clumsy attempts at making conversation’.
Dr Simon Ward was accused of making racist comments to a member of HMCTS staff during a work event. She alleged he questioned her about her heritage, made remarks about India and asked whether she had negative sentiments about British people due to the colonial past.
Ward said he had spoken about his art history diploma studies ‘during which he had been learning about the British in India, colonialism and the Raj’ and was ‘keen to discuss India and the outcomes of the difficult events of that period on individuals’.
In representations to the Judicial Conduct Investigations Office, Ward said he ‘believed the conversation was innocent and showed his genuine interest in the matters discussed’ but apologised ‘for the distress caused by the conversation’.
Following an investigation, the HMCTS staff member’s account of the conversation was found to be ‘largely accurate’.
A JCIO spokesperson said: ‘Dr Ward’s questions and comments had an element of race discrimination inherent in them because they referred to the British and Indian in a way that could imply that the complainant was not, or was not accepted to be, British, and that she was an Indian national, or closely related to current Indian nationals.’
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The investigation found Ward did not accuse the staff member of inadequacy in her role and there was no hostility or anger from Ward.
The JCIO added: ‘His comments and questions were clumsy attempts at making conversation and there was no intention to cause distress. However, his conduct constituted harassment on the grounds of race. It undermined the complainant’s dignity, and this amounted to misconduct.’
Ward’s unblemished record, his expression of remorse and the fact it was an isolated incident were all taken into consideration when considering the appropriate sanction.
The JCIO said a formal warning was recommended as ‘the harassment related to a protected characteristic’ and Ward ‘had not shown insight into how his comments might have caused offence’.
The senior president of tribunals, on behalf of the lady chief justice, and the lord chancellor issued Ward with a formal warning for misconduct.
