Quality | 2009.11.04
QC denies 'racial culture' in chambers
• Indian-born barrister is suing for discrimination
• Boss said concerns about her work were genuine
A senior barrister accused of racially discriminating against an Asian colleague has denied a "racial culture" existed within his chambers.
Aisha Bijlani, an Indian-born barrister at the Four New Square set, is suing three consecutive heads of the chambers and its senior clerk for £33m. She alleges she was discriminated against by John Powell QC, Justin Fenwick QC, Roger Stewart QC and senior clerk Lizzy Wiseman.
Stewart told the Central London employment tribunal today that chambers staff had received equal opportunities training. "I myself attended such training," he said. "I do not believe that there was any racial culture within chambers."
But Bijlani claims that white colleagues who joined the chambers at the same time as her in 1994 earned an estimated £7m more than she did. She said she never had the opportunity to reach her full potential at the chambers because of racist attitudes, that she was repeatedly overlooked for work, and that fees for work she had done were not properly collected.
But Stewart said there was no "victimisation" against Bijlani, adding that he felt concerns about the quality of her work were "entirely genuine". He also said he had never allowed an affair he had with Wiseman to cloud his judgment.
He told the panel nothing happened between Wiseman and him before July 2008 that he would "not have been entirely happy for my wife to hear about".
Earlier, John Bowers QC, acting for the firm, told Bijlani the affair had "nothing at all to do" with her case. Last week Bijlani\'s barrister accused Wiseman of using her affairs with two of her bosses to avoid being held accountable at work.
Althea Brown, counsel for Bijlani, said the clerk\'s relationships with two heads of chambers [Fenwick and Stewart] meant she had not been properly monitored.
She said: "You have manipulated your position as senior clerk by your relationships with successive heads of chambers so you are not held properly accountable for the way you have been doing your job since 2000, we would say to date."
The tribunal heard that there were three incidents involving racism at the chambers unrelated to Bijlani\'s case, including one where a clerk, Dennis Peck, said: "I hate educated wogs."
The tribunal was told that Wiseman helped a white barrister revive his flagging career. She said she tried to help Bijlani but "I gradually gained the impression that the claimant was demanding and found it hard to accept criticism".
Clients did not know the barrister and this led to a "vicious circle" of not getting work, she said. There were also complaints about the quality of her work.
The three QCs and Wiseman deny the allegations. The hearing continues.
For more information, please visit
http://www.guardian.co.uk/money/2009/nov/04/qc-denies-racial-culture
