[5] Herbert has campaigned against racism in football with the Society of Black Lawyers, which he has chaired since 1984, aiming to inform the police of every "racial conflict" in the game.
[7][8] He also criticised the "decision to bar the former mayor of Tower Hamlets, Lutfur Rahman, from holding public office for five years".
[9] In January 2017, the disciplinary panel investigating Herbert said he should be given an apology from "a suitable senior person" for the treatment he received from other members of the judiciary, and that he should also receive a dressing down for his comments in the speech, which were deemed to be misconduct ("because of the inferred criticism that another judge had given a judgment [about Rahman] on racial grounds") and because the speech was "likely to undermine public confidence in the judiciary".
[1] In his defence and as an example of double standards in the judiciary's treatment of fellow judges, Herbert pointed to Supreme Court Judge Lord Neuberger's apparent criticism of his colleague Lady Justice Hale's comments "relating to the court case on whether Parliament must be given a say on Brexit" – a criticism for which Lord Neuberger was not disciplined.
He had made claims of racism, victimisation and harassment, which were due to be heard at an employment tribunal in July 2021, but the case was settled before the hearing date.