Overview of the discussion
We heard about the challenges not only of representing whistleblowers but some of the tactical errors that those representing whistleblowers fail to make or fail to land on the Employment Tribunal. Liam Ryan spoke from the ET during his lunch break of the impact of failing to use the Human Rights Act and the Health and Safety at Work Act on outcomes to whistleblowers. Karen Kilraine gave her whistleblowing 101 and talked about the subjectivity of the ET and the (mis) use of case law. Judge Kaul talked about global commitment to support and protect judges who blow the whistle and shared findings from the Judicial Support Network. Its research included reports of bullying by senior judges on more junior judges and the impact of this on decision making and morale across the judiciary. The panel discussed the impact of this on representation that clients might experience given the power of senior judges over junior barristers and those who wish to join the bench.
Thanks to Baroness Kramer and our CEO for chairing this meeting which will be reported in more detail when we release the full report later in the year.
Judge Kaul (Polka Dot Dress in photo above) today shared her article to the Times which gets to the heart of this and why speaking up in the Judiciary remains fraught with both fear and a sense of futility.
“I am writing a piece for next Thursday’s law pages on judicial bullying, pegged to the protocol agreed between the bar and the judiciary about what to do with judges who barristers claim have bullied them.
The Bar Council says that half of the complaints made by the confidential reporting app Talk to Spot are about judges — which means that almost 140 complaints have been received in the past year. Talk to Spot is still underused, so it is likely that the incidence is higher.
This seems quite a watered-down version of what Hariett Harman wanted – she said that there should be tough sanctions to deter others and suggested that bullying judges should be removed from the bench.
Response on behalf of the Judicial Support Network 13.7.26
The report by Baroness Harman was excellent, as the former Chair and Vice President of the Association of Women Barristers, we championed this area and repeatedly raised Judicial Bullying, we helped the Bar Council launch the ‘Talk to Spot’ App in 2018 and had Anti bullying round tables until Covid struck those down. As Chair of the Judicial Support Network, now over 5 years old, we have had nearly 400 complaints, about three quarters of which relate to Judge-on-Judge bullying, supported by Presiders and above, Leadership Judges are the main issue, as the Judicial Attitudes Survey indicated. As a result of my previous roles and stance on bullying, many members of the Bar contact me or send me details of what they are experiencing, via others who know me well.
THE BAR
From the Bar complaints rain, bullying by Court of Appeal Judges, High Court Judges, Circuit Judges (including a number about Judges at the Old Bailey), District Judges too (proceedings not recorded). I encourage complaint, at least to ‘Talk to Spot’ but even the most senior at the Bar, fear making a complaint. The women, even Silks, fear being vilified by their colleagues or dismissed as weak, the men are embarrassed and ashamed. Thanks to WICL, and the younger women in particular, its bubbling to the surface. This protocol will make little, if any difference. Its ‘window dressing’.
Nothing is done. Those who are responsible are rewarded, respected and protected. Even if complaints are made in the form of Grounds of Appeal, the issues raised are dismissed, ‘didn’t happen in front of the Jury, counsel must be robust’. The Protocol is there for optics as are many ‘initiatives’. Yet again, the Leadership Judges are often the ones who engage in that conduct, some do care and do try to help, many do not. I resigned as a DCRJ last year (Diversity and Community Relations Judge), the hypocrisy of the role finally became too much. I was appointed in 2019. Virtue signalling. All I can do is support, encourage those who have the courage, to collect the Darts references, and speak to the Resident Judge (depending on who that is), I tell them to avoid the JCIO or any public complaint. I don’t want them to have ruined careers, or ruined reputations. I know that from my own experiences at the Bar when I made public (not to the Press or BSB) a vendetta that had been run against me by a Senior Silk, Head of Chambers, Recorder and Bencher, for many years. I did get past it eventually, and only the encouragement of some good Judges and members of the Bar helped me to progress. Ironically Judges are much kinder to members of the Bar than they are to other Judges!
Solution
Easy: Adopt Baroness Harman’s recommendations. Codes and sanctions. Ask the Inns of Court to assist with the Judiciary, send the Digital Recordings to the Judge’s Inn, let them determine whether that Judge should remain a Bencher or even a member of the Inn. There are still relatively few Solicitor Judges, so it would help the majority. The Inns do nothing in this important area, they now have anti bullying policies, since about 2018, but where does the Bench feature? As long as it happened in Court, the proof is there. Please don’t leave this to the Senior Judiciary and weak protocols/ and policies that are never really implemented properly. They are ‘sound bites’ I have had 43 years of observing how that works, 17 in the Judiciary. It doesn’t.
Judges
For the Judiciary, things are so much worse. There are no recordings to fall back on, and we meet a wall of resistance and gaslighting from the Judiciary, HMCTS, the Judicial Office and HR along with most Leadership Judges. Even our brave colleagues who try and step in will be victimised if they try and help us. I wish I could share what I have, that goes into the hundreds: from Wales to the Midlands, from the South East to the North. It is assumed to be only male Judges, that isn’t the case. Women Judges too, Judges of colour too. The Presiders and Senior Presiding Judge of England and Wales (SPJ) who are in charge, support and protect ‘their’ Judges, not us. I have been told that no grievance against a Presider/ Chambers President, or Leadership Judge has ever been upheld, not one! Rather the complainant is undermined, vilified and victimised ever after. That is the end of their career, they are usually unwell and they are given little support, 6 counselling sessions and an occasional call in from HR, and if lucky, an Occupational Health Assessment, but the Presiders decide whether recommendations should be followed, the ‘discretionary’ duty of care. Risk assessment requests are ignored, recommendations to change jurisdiction or location are delayed or ignored. There have been attempted suicides and close calls, we know as we have supported some of those concerned. I am a Nominated Judge for Grievance and Whistleblowing, and we are there to help, but most Judges pull out of any formal complaint or even mediation.
They fear the sort of treatment many have experienced and know that nothing will ever really change, the Seniors are above change. There is little understanding, just platitudes mouthed to ears that are programmed to listen. Any of us who stand up are just troublemakers or inadequate Judges that need reining in, silencing or got rid off. Their answer to every issue: Increase the size of the echo chamber, start another Committee, make sure it has the appearance of being diverse and speak very loudly to those pre-chosen to agree, and with a desire for advancement. Never those, who like me, want nothing, have seen it all, and just want to make the Judiciary the way it could be for those who are there now or will be in the future.
The Solution
Easy! Formal Anti Bullying codes with consequences, independent investigations of misconduct, (by academics from other jurisdictions, with no influence from the JO or Judiciary. A compulsory legal expenses insurance policy so there is an ‘equality of arms’, and no one risks losing their homes to protect others. The current Judiciary laugh at our litigation, as they have all the power. I have repeatedly asked for our own ‘Talk to Spot’ AI reporting bot, and our own Baroness Harman investigation and report. See what that would yield? The report done by ‘Half the Sky’ was withheld from us and still is withheld. We need it all to be public.
Wholesale reform of the Presider/ Chambers President/ Leadership Judge system must follow. We are letting the public down by retaining the current structures. Introduce an element of democracy, let us elect those who manage us, to provide ‘some’ shield against the chumocracy, coloniality, snobbery, and misogyny that seems to overwhelm everything. Stop rewarding those who bully, stop appointing them to Leadership roles, or to more senior roles, demote instead, consider suspending.
Integral to this reform are the Inns of Court, sacrosanct and revered, but who do nothing in this area. Nearly all those who bully, harass, discriminate and target, are members of Inns, many are Benchers. The Inns have begun, since 2018, to recognise bullying at the Bar within Chambers, but have ignored the roles of their Judges. They are honoured and worshipped within their Inns, so they are safe. If the Inns would take the disciplinary role seriously, it would really help. We all have bad days, as do advocates, but the same names come up time after time after time.
Experience
Members of the Bar can speak to you, Judges are afraid. I cannot share without permission. However, my experiences are mirrored by the experiences across the Courts and Tribunals of those who have contacted us, Crime, Civil, Family, multiple Tribunals, Coronial. I have been and am subject to a campaign of victimisation, harassment and bullying by successive Presiders, those above them and below, for over a decade now. Judges are not allowed to stand up for themselves and others. I am told that I have been allowed to live in this country, I have been allowed to be a Judge, I should ‘know my place’. I have achieved a lot, my litigation established that there is a legal duty of care owed by the MoJ to every Judge, all 5500, which had been denied for decades. The MoJ is vicariously liable for the negligence of Judges. Who knew? The duty is wide ranging, it means security at and away from Court, it means proper support for those who are disabled, unwell, bereaved, or being treated badly, and made ill as a result. I inspired the Nauru Declaration 2024, following on from the ‘Bangalore Principles’ but about Judicial Wellbeing. I also inspired a UN Resolution in March 2025 for an International Day of Well-being for the Judiciary round the world, the 25th of July every year, Nauru Declaration Day. I help internationally and am part of a Global Judicial Well-Being Hub. The UK was one of 50 countries that co- sponsored the UN Resolution, I was there for the vote, but the Judiciary of England and Wales refuse to recognise it, even though the Commonwealth (CMJA) Judiciary adopted it unanimously. If one of ‘their favoured Judges’ had achieved all of this, they would be honoured, I am treated as a Pariah, I just want to stop this sort of conduct continuing. That is my honour. England and Wales should be the best and it could lead in this field. I set up the JSN and I was instrumental with others in setting up the first ever Trade Union Branch for Judges (part of the GMB), We stand up for and with other Judges, because we know how badly those who raise issues are treated, and our Judicial Associations refuse to help. We have helped with everything from menopause to the Judicial Complaints, Judicial Appointments, career issues, discrimination, and so much more. The cost for me has been huge, it has been brutal. I have lost my career, my health, last year I lost my home of 32 years, as a result of the costs of the litigation, even though the main action was settled in my favour. This year I am losing my Court of 15 years, 5 as a Recorder and 10 as a full time Judge. Others who took on the Judiciary have been similarly affected, many others have pulled out of lodging or withdrawn very good legal claims, because they fear the consequences of the bottomless pockets of the MOJ really supported by the GLD ( Government Legal Department) ‘see how much things can be delayed, bump up the costs so that they will lose their homes’, and it works. Many have come to us with the strongest cases, supported by written evidence, but fear the consequences. Even the results of the Judicial Attitude Survey, 14 % percent of Judges complained of bullying in the last two years, (735 including 16 High Court Judges) were said to be not that many really. The role is fine, of course there are issues, but it is a privilege to serve the community, however the Judiciary and the way it is managed is toxic, and until the Senior Judiciary face their demons, nothing will ever change. We just do what we can which isn’t much.
Judge K. Kaul – July 13th 2026
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