Busy employment judge rebuked for six-month delay in written judgment

Judge Gary Denis Tobin sanctioned after tribunal party waited more than six months for judgment

A busy employment judge has been formally sanctioned for misconduct after he failed to provide written reasons for his judgment for more than six months—despite a clear request from one of the parties.

Employment Judge Gary Denis Tobin was investigated by the Judicial Conduct Investigations Office (JCIO) following a complaint that written reasons had still not been issued around five months after they were formally requested. When finally received, more than six months had passed.

The JCIO confirmed Tobin accepted responsibility for the delay. He explained that he had delivered a full oral judgment during the tribunal hearing and warned at the time that written reasons could take significant time due to workload pressures. In an attempt to compensate, he read his judgment slowly to allow the parties to take notes.

Nonetheless, the JCIO said Tobin did not provide updates during the delay nor approach his regional employment judge in good time to ask for a deadline extension. The failure to keep the parties informed and to seek assistance was found to breach judicial standards of diligence and care.

In his representations, Tobin cited his “extremely busy workload” and the need to prioritise other pressing work, such as reserved judgments, as justification. He apologised to the complainant and confirmed that the delay caused no direct detriment to the case.

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However, investigators concluded that his conduct amounted to judicial misconduct. “Employment Judge Tobin did not exercise sufficient diligence and care in the discharge of his duties,” the JCIO statement noted. “He failed to keep the parties updated as to the delay and when the written reasons could be expected.”

As a result, the senior president of tribunals—acting on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement—issued Tobin with formal advice for misconduct. The JCIO described this outcome as a “reasonable and proportionate sanction in this case”.

This is not an isolated instance. The JCIO has already issued six public statements this year related to judicial misconduct stemming from excessive delays in providing judgments, orders, or transcripts. These delays have ranged from five months to nearly three years in extreme cases, highlighting a growing backlog in the tribunal system.

While Tobin’s case did not result in any direct prejudice to the parties, it adds to increasing scrutiny over timeliness and transparency in tribunal proceedings.