Sunglasses and Justice: An Unexpected Connection

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Sunglasses and Justice: An Unexpected Connection

Imagine a courtroom where judges wear sunglasses. Sounds bizarre?

The judge and the respondent's barrister were engaged in a silent dance of nods, raised eyebrows, and meaningful glances.

With each question posed, the barrister's eyes darted to the judge, seemingly seeking approval. It was a subtle ballet of bias, invisible to most, but glaringly obvious to the claimant.

You see, the claimant had a hearing disability. Years of lip-reading and interpreting facial cues had honed her visual perception to a razor's edge. Every fleeting expression, every slight tilt of the head screamed of partiality. The very skills that helped her navigate a hearing world now exposed the unsettling undercurrents of what should have been an impartial proceeding.

Imagine the irony if the judge and barrister had taken a cue from ancient Chinese courts and used sunglasses to hide their private exchanges.

Instead, their visible interactions created an impression of partiality, shaking the claimant's confidence in the fairness of the proceedings.

The Outcome? The Claimant's Faith In The Legal Process Was Shattered

The despair was overwhelming for both of us. The claimant, representing herself, had spent months preparing her case, with my support. To realise that all our hard work might be in vain was devastating.

Should We Challenge The Judge?

Though we considered challenging the judge, his inflexible demeanour left us doubtful of any meaningful result.

We were certain of the misconduct we had witnessed, yet we chose not to confront it at that moment. Instead, we decided to step back, reassess and find another path forward.

After much reflection, we concluded that if they were resorting to such underhanded tactics, there were likely more legal missteps we had yet to uncover. This renewed our resolve to be vigilant and meticulously examine every detail.

Our instincts proved correct. Though we faced further setbacks, we identified numerous issues with the proceedings, including clear errors of law.

In hindsight, our decision to stay the course was the right one

This Experience Raises Uncomfortable Questions About Our Justice System.

How can we ensure true impartiality when human nature itself seems to conspire against it?

In a world where non-verbal cues can speak volumes, especially to those attuned to them by necessity, how do we level the playing field?

What do you think?

How can we ensure true impartiality in employment tribunals—would judicial sunglasses help or is there a better way? Please let us know your thoughts and share your own experiences with bias or unfair treatment in employment tribunals.

Stay Tuned

Stay tuned for more eye-opening stories from this first time venture into the front lines of employment and disability law and how employment law tribunals are working for those with disabilities.

In this case, the judgement was appealed upon a number of grounds because the conclusions reached were simply bizarre.

We will be keeping everything simple and easy to understand. You do not need to be a lawyer to understand the points we will be highlighting.

Discover in later articles, how certain findings in the judgement were challenged as ‘errors of law’ in creating the appeal.

You will also discover what we learnt from a window salesman.

Want to uncover more stories about the fight for justice for employees with disabilities? Subscribe to ‘Justice For Employees With Disabilities’ for exclusive insights.

Stories like this highlight the urgent need for systemic changes to ensure fairness in legal proceedings

Disclaimer

This communication and its contents reflects the journey of a normal everyday person and their experiences and observations of employment and disability justice issues. The research carried out and the unique insights are offered as guidance to help you navigate these areas.

This communication and its contents should not be considered as legal advice. If your circumstances and situation require legal advice, always seeks out a qualified legal professional.