Breach of disciplinary code

Case 4: The facts

Solicitor Halima Aziz was suspended and transferred following allegedly offensive remarks which, it was said, had sparked a racial disturbance at a court. In fact, no disturbance was found to have occurred.

Aziz was called to a disciplinary hearing, but her employer did not tell her she was entitled to be represented. It also failed to carry out proper enquiries, relying instead on hearsay. It failed to follow its own disciplinary procedure.

Aziz claimed race discrimination, saying that a white solicitor would not have been treated in the same way.

The ruling

The Court of Appeal upheld Aziz's claim. It noted that the employer was aware that it was in breach of its own procedures, and said a tribunal was entitled to infer that its actions amounted to less favourable treatment on racial grounds.

Aziz v Crown Prosecution Service [2006] EWCA Civ 1136