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Equality and Diversity Code

The Equality and Diversity Code for the Bar sets out the law and professional rules which prohibit discrimination and recommends good practice to Chambers in relation to access to pupillages and tenancies, the conduct of work in Chambers, complaints and grievances with new advice on the avoidance of disability and age discrimination.

Equality and Diversity Code as a Word document

Equality and Diversity Code as a PDF document

Equality and Diversity Code Table of Contents 

Section Page
Foreword 8

Introduction

 10
  • The purpose of the Code
  • Why does equality of opportunity matter
  • Using the Code
 10
10
11
   
Section 1: Action Areas 13
A. RECRUITMENT: PUPILS AND TENANTS 13
General Guidance 13
  • Advertisement
  • Application forms
  • Selection Criteria
  • Short Listing
  • Selection Committees
  • Training
  • Interviews
  • Record-Keeping
  • Monitoring and Review

 
Recruitment of Pupils  
  • Pupillage Policy
  • Advertising Pupillages
  • Private Arrangements
  • References
  
Recruitment of Starter Tenants  
Recruitment of Established Practitioners  
Mini-Pupillages  
B. FAIR ACCESS TO WORK  
Allocation of work in Chambers   
Practice Development  
Marketing of Barristers and Pupils  
C. MATERNITY, PATERNITY AND PARENTAL LEAVE  
Written Policies  
Period of Leave Free of Rent and Chambers' Expenses  
Right to Return to Chambers  
Assistance to Return to Chambers and to Work During Maternity  
Leave or Career Break  
Grievance Procedures, Monitoring and Review  
D. FLEXIBLE AND PART-TIME WORKING AND CAREER BREAKS  
Bar Council Recommendations  
Written Policy  
Advantages of Flexible Working  
E. HARASSMENT  
What is Harassment?  
Policy  
Guidance  
Formal Resolution Options  
F. COMPLAINTS AND GRIEVANCES  
Complaints Handled Internally  
Formal Procedures  
Complaints of Unfair work Allocation  
Complaints of Harassment  
Remedies  
Complaints Made to External Bodies  
G. SERVICE PROVISION  
Service Provision to Disabled Clients  
  • Introduction
  • Obligations Under the Disability Discrimination Act 1995 (DDA)
  • Whoe are the Clients to Whom Duties are Owed?
  • Who Owes the Duties?
  • What are the Duties?
  • Less Favourable Treatment
  • The Duty to Male Reasonable Adjustments
  • Adjustments to Physical Features
  • Justification
  
Other Areas of Potentially Discriminatory Service Provision  
H. STAFF IN CHAMBERS  
Maternity, Paternity, Parental Leave  
Complaints and Grievances  
   
Section 2: Legal and Regulatory Framework  
Statutory Regulation  
Bar Code of Conduct  
Bar Council Equal Opportunity Statement  
Key Concepts  
Clarifying Some Common Misconceptions  
How Does an Individual Prove Discrimination  
   
Section 3: Annexes  
Annex A - Contacts and Addresses  
Annex B - Essential techniques in Selection  
Annex C - Age Discrimination in Pupillage and Tenancy Section - Guidance for Chambers  
Annex D - Guidance on reasonable Adjustments in Pupillage and Tenancy Recruitment  
Annex E - Guidance on Monitoring  
Annex F - Solicitor's Anti-discrimination Rule 2004  
Annex G - Bar Council Maternity, Paternity and Flexible Working Policy  
Annex H - Guide to the Implementation of Maternity, Paternity and Parental Leave Policies Under Barristers' Practice Management Procedures and Frequently Asked Questions  
Annex I - Flexible Working Arrangements Examples  
Annex J - Model Chambers Harassment Policy  
Annex K - Model Complaints or grievance Procedures fo Chambers  
Annex L - Guide to Non-Discriminations in Service Provision Under the Disability Discrimination Act 2005 ("DDA")  
Annex M - The Role of a Chambers Equal Opportunities Officer