Context
Ms Wendy Miller KC of St Philips Chambers acts as counsel for both Cepac Ltd and Cummins Ltd in separate discrimination proceedings brought by TCAP’s founder, Lee Thompson. In the Newcastle Employment Tribunal (ET 6019060/2024), she has challenged the sufficiency of Dr Pritchard’s medical evidence – supporting Thompson’s section 15 defence – identical to reports that she is aware that Thompson will rely on in the Cummins Ltd ET and Employment Appeal Tribunal (EAT) proceedings, submitted and admissible under Ladd v Marshall.
Concerns
– Conflict of Interest: Representing two respondents with overlapping factual and evidential issues risks inconsistent or self‑serving rulings.
– Misuse of Process: Seeking a finding on medical‑evidence adequacy in one tribunal with a view to undermining that same evidence in another tribunal appears premeditated and in bad faith.
– Prejudice to Fair Hearing: Such tactics threaten the integrity of each tribunal’s case‑management and imperil Mr Thompson’s right to a fair and impartial determination on both fronts.
Action Taken
- Employment Tribunal Application
A case‑management application has been filed in ET 6019060/2024 to ensure any finding on medical evidence applies solely to that claim and may not be relied upon in any other proceedings without express leave of the Tribunal. - Bar Standards Board Complaint
A formal misconduct complaint has been submitted to the Bar Standards Board, alleging breach of professional duties—specifically the duty to avoid conflicts of interest and the duty not to misuse court process.
Potential Connotations
Ms Miller’s conduct, if left unchecked, could establish a troubling precedent that procedural rulings in one forum may be weaponised in another – undermining the principle that each tribunal must decide cases on their own merits. This behaviour risks eroding confidence in legal process and in counsel’s impartiality.
TCAP remains committed to rigorous accountability, both of corporate respondents and of those who purport to administer justice. We will report further as these applications progress.
—
Lee Thompson
Founder, The Cummins Accountability Project