Equal Opportunities Statement

It is essential to a modern, multicultural society that its justice system should reflect the social, gender, racial and cultural diversity of the society it serves. It is also good business sense for Chambers to ensure that its most important resources, its members and staff, are utilised in a fair and effective way.
Chambers is committed to providing equal opportunities. This is evidenced by the diverse ethnic backgrounds of members and staff. All job applicants, employees, members, other barristers and clients (lay and professional) will receive equal treatment regardless of race, colour, ethnic or national origins, sex, marital status, sexual orientation or disability.

Compliance

It is unlawful to discriminate against individuals either directly or indirectly in respect of their race, sex or marital status. The Race Relations Act 1976 and the Sex Discrimination Act 1975 are the relevant Acts (both of which have been amended by subsequent legislation). The Disability Discrimination Act 1995 is also reflected in this policy.
Codes of Practice relating to race and sex discrimination have been produced by the Commission for Racial Equality, the Equal Opportunities Commission and the law Society and have been referred to in drafting this policy.
The Code of Conduct of the Bar of England and Wales states at Para. 305
that: "a barrister must not in relation to any other person (including a client or another barrister or a pupil or a student member of an Inn of Court) discriminate directly or indirectly or victimise because of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion or political persuasion."
Chambers is committed to implementing this legislation and these codes.

Forms of Discrimination

Forms of discrimination include:
(a)Direct discrimination, where a person is less favourably treated because of race, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation.
(b)Indirect discrimination, where a requirement or condition which cannot be justified is applied equally to all groups but has a disproportionately adverse effect on one particular group. As an example Chambers will not discriminate on the grounds of age.
(c)Victimisation, where someone is treated less favourably than others because he or she has taken action against Chambers under one of the relevant Acts, whether or not such victimisation is unlawful.

Responsibility

The Management Committee is responsible for ensuring compliance with the Chambers Equal Opportunities Policy. To assist in this, an Equal Opportunities Officer (Catherine Milsom) is appointed by the Committee to assist the Chambers Manager, who has day-to-day responsibility for the effective implementation of the policy.

Recruitment & Promotion

Chambers takes steps to ensure that applications for tenants, pupils and staff are attracted from both sexes and all races and from people with disabilities, and regardless of sexual orientation, and ensures that there are equal opportunities in all stages of the recruitment process. All advertisements relating to recruitment refer to chambers commitment to equal opportunities and the selection procedures adopted by chambers are geared towards promoting equal opportunities.
Recruitment procedures for pupils and tenants are described in the Chambers Constitution.
Promotion within Chambers is made without regard to race, colour, ethnic or national origins, sex, marital status, sexual orientation or disability and is based solely on merit.

Clients

Chambers is generally free to decide whether to accept instructions from any particular client, but any refusal to act will not be based upon the race, colour, ethnic or national origins, sex, creed, disability or sexual orientation of the prospective client.
Clients' requests for a named barrister will be complied with, subject to chambers’ duty to discuss with the client the suitability of the barrister and to advise appropriately.

Chambers has a duty to discuss with the client any request by the client that only a barrister of a particular racial or social group or gender be instructed. Chambers will endeavour to persuade the client to modify instructions which appear to be given on discriminatory grounds. Should the client refuse to modify such instructions, the instructions must be refused and the matter reported to the Bar Council Equal Opportunities Officer.
Allocation of Work

The allocation of work received in chambers and the distribution of work between members of chambers and pupils is conducted in such a manner as to ensure that all members and pupils are treated fairly and given equal opportunity to develop their practices. Allocation of work is reviewed annually and a report provided to the Management Committee by the Chambers Manager to ensure that equal opportunities procedures are effective.

Monitoring

The outcome of selection procedures for tenants and pupils are reviewed annually by reference to race and gender and reported to the Management Committee. This review process seeks to ensure that chambers’ equal opportunities policies are effective.

Maternity & Paternity Policy

The maternity and paternity rights available to members and employees shall be no less favourable than those required by the Employment Protection (Consolidation) Act 1978 (as amended by the Trade Union Reform and Employment Rights Act 1993) for employees. In relation to its dealings with job applicants, employees or members, Chambers will be mindful of the provisions of the Sex Discrimination Act 1975, the Equal Pay Act 1970 and subsequent relevant legislation.

Disciplinary & Grievance Procedures

Chambers’ Grievance and Disciplinary Procedure is described in Chambers Barmark Manual.
Acts of discrimination or harassment on grounds of race, colour, ethnic or national origins, sex, marital status, sexual orientation or disability by employees or members of Chambers should be reported under Chambers’ Grievance and Disciplinary Procedure and, if substantiated, will result in disciplinary action. Failure to comply with this policy will be treated in a similar fashion. The policy applies to all who are employed in chambers, to clients and to Members of Chambers and pupils.
Chambers will treat seriously and take action when any employee, member of chambers or pupil has a grievance as a result of discrimination or harassment on grounds of race, colour, ethnic or national origins, sex, marital status, sexual orientation or disability.
Chambers will deal with all clients and other persons with the same attention, courtesy and consideration regardless of race, colour, ethnic or national origins, sex, creed, disability or sexual orientation.

Sexual and Racial Harassment - General Statement

Chambers accepts that everyone has the right to be treated with dignity. Sexual or racial harassment will not be permitted or condoned and members, employees and clients all have the right to complain should it ever occur.

Definition

Sexual or racial harassment means unwanted conduct of a sexual or racial nature or other conduct based on sex or race, affecting the dignity of women and men at work. Sexual harassment can include:

• Unwelcome sexual attention
• Subjecting a member, employee or client to insults or ridicule because of their sex or race
• Suggesting that sexual favours may further someone's career or that the refusal of sexual favours may in some way damage their career
• Over-familiar behaviour, including lewd and suggestive remarks
• Display of sexually suggestive pictures

What Constitutes Harassment?

What is harassment to one person may not amount to harassment to another. If it is unwanted by the recipient, then it may amount to harassment.
It is up to each individual to decide what behaviour is acceptable to them and to decide what is offensive. If an individual decides that the behaviour is offensive, they must make it clear that they do not accept it. If the behaviour continues, then it becomes harassment.

Remedial Action

Chambers will treat any case of harassment seriously. Those complaining will be protected against any form of victimisation or retaliation after bringing the complaint. Serious or persistent harassment may amount to gross misconduct and could lead to dismissal in line with Chambers’ Disciplinary Procedure.

Informal Actions

A formal complaint of harassment is a serious step to take. Any person who has been harassed should therefore, wherever possible, try to tell the person that their behaviour is unacceptable and only formally complain when the offensive behaviour persists.

Formal Actions

A formal complaint of harassment should be pursued through the process set out in the Chambers Grievance Procedure.