Annex F - Solicitors' Anti-discrimination Rule 2004

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Rule dated 26 April 2004 made by the Council of the Law Society, under section 31 of the Solicitors Act 1974 and section 9 of the Administration of Justice Act 1985, with the concurrence of the Master of the Rolls under the latter section, regulating the professional conduct of solicitors, registered European lawyers, registered foreign lawyers and recognised bodies in England and Wales.

Rule 1 – Duty not to discriminate

Solicitors must comply with all anti-discrimination legislation from time to time in force and must, at all times, in their professional dealings with staff, partners, other solicitors, barristers, clients or third parties:

(a) not discriminate against any person, directly or indirectly, nor victimise or harass them on the grounds of their sex (including their marital status); on racial grounds; or on grounds of their racial group; ethnic or national origins; colour; nationality; religion or belief; or sexual orientation.

(b) not discriminate against any person on grounds of disability except where, in relation to legislation, there is a specific exception or limitation preventing such discrimination from being unlawful.

Rule 2 – Burden of proof

Where there has been a finding by an Employment Tribunal, or a County Court or (in Scotland) Sheriff Court or other relevant court or tribunal that a solicitor has committed, or is to be treated as having committed, an unlawful act of discrimination (including victimisation) or harassment then, where that solicitor is a party to the action in question, this shall be treated as prima facie evidence of that fact when determining whether that solicitor has committed an act of discrimination (including victimisation) or harassment in breach of these rules.

Rule 3 – Need for policy

(a) Principal solicitors in private practice must adopt and implement an appropriate policy for dealing with the avoidance of discrimination and the promotion of equality and diversity within their practice

(b) To be appropriate the policy adopted must include, as a minimum, all of the provisions which appear in the Law Society model policy and any additional provisions should not conflict with those provisions.

Rule 4 – Failure to adopt own or Law Society model policy

Those principal solicitors in private practice who have not adopted and implemented their own policy dealing with discrimination and equal opportunity will in any event be bound by the provisions of the Law Society model policy in effect at that time.

Rule 5 – Solicitors in employed practice

Solicitors with management responsibilities in employed practice must use all reasonable endeavours to secure the operation of a policy for dealing with the avoidance of discrimination and the promotion of equal opportunity within their department.

Rule 6 – Applicable anti-discrimination legislation

Reference in this Rule to anti-discrimination legislation means such legislation as is in force at the relevant time, including any amendments, and includes:

(i) the Equal Pay Act 1970

(ii) the Sex Discrimination Act 1975

(iii) the Race Relations Act 1976

(iv) the Disability Discrimination Act 1995

(v) the Employment Rights Act 1996

(vi) the Employment Equality (Sexual Orientation) Regulations 2003

(vi) the Employment Equality (Religion or Belief) Regulations 2003, and

(vii) such further anti-discrimination legislation as may from time to time be enacted and brought into force in England and Wales

Rule 7 – Applicability to other legal advisers

(a) Rules 1 and 2 apply to a registered European lawyer, or to a registered foreign lawyer practising in partnership with a solicitor or registered European lawyer or as a director of a recognised body which is a company or as a member of a recognised body which is a limited liability partnership, or to a recognised body, as they apply to a solicitor.

(b) Rules 3 and 4 apply to a registered European lawyer who is a principal in private practice, or to a registered foreign lawyer practising in partnership with a solicitor or registered European lawyer, or to a recognised body, as they apply to a principal solicitor in private practice.

(c) Rule 5 applies to a registered European lawyer as it applies to a solicitor

Rule 8 – Replacement of previous rule and code
These rules replace the Solicitors Anti-Discrimination Rule 1995 and the Solicitors Anti-Discrimination Code.

Guidance on the Solicitors Anti-Discrimination Rules 2004

Status of this Guidance

1. This guidance is intended to assist in the interpretation of the Solicitors Anti-Discrimination Rules 2004 (“SADR).

2. The guidance does not form part of the rules and is not mandatory. However, the Law Society may have regard to it when investigating complaints. Solicitors may need to be able to demonstrate how they have complied with the rules if they have not followed this guidance. Conversely, if they can show that they have followed the guidance, they will be able to rely upon that fact in meeting complaints of professional misconduct. The guidance is not substitute for compliance with such anti-discrimination legislation as is from time to time in force.

Rule 1 – Duty not to Discriminate

3. Solicitors and their staff should treat all persons as individuals each with equal dignity, respect and fairness to be given the same attention, courtesy and consideration.

The Scope of the Rule

4. Rule 1 of the SADR places two distinct requirements upon solicitors:

(a) to comply with all current anti-discrimination legislation, and

(b) not to discriminate in professional dealings with the persons or groups listed and in the circumstances set out in sub-sections (a) and (b) of that rule.

These two requirements are not identical and in some circumstances the scope of the latter is wider than that of the former.

5. The legislation which must be complied with is referred to in Rule 6 and includes such future anti-discrimination legislation as may be enacted during the currency of this rule. Solicitors should familiarise themselves with the requirements of these provisions and operate their practices in accordance with them. Where legislation applies in principle to a complaint of unlawful discrimination, it will be sufficient for a solicitor to be able to show, as regards a complaint of unlawful discrimination, that that conduct complained of is not unlawful because it falls within a specific statutory exception.

6. The scope of the rule, as was the case with the previous rule, goes beyond that of the legislation in a number of key areas. In particular, it extends the ambit of that which is regarded as prohibited discrimination beyond employment and vocational training and partnerships in those areas such as sexual orientation and religion or belief and requires that the solicitor refrain from discrimination in all professional dealings with partners, staff, clients and other third parties.

7. Thus, for example, whilst it may not be unlawful to discriminate against a client or third party on grounds of sexual orientation or religion and belief, it will be regarded as professional misconduct to do so, unless the solicitor can show that the discriminatory conduct complained of is objectively justifiable in the circumstances of the particular case.

What is Discrimination?

8. In general, it is an axiom of rational and ethical behaviour that like cases are treated alike and that unlike cases are treated differently. It is a further axiom that everyone must be treated on the basis of personal attributes and individual merit, rather than on the basis of broad generalisations or stereotypes about group characteristics (whether real or assumed).

9. Discrimination may occur where there is a difference of treatment based on prohibited grounds between two individuals in comparable circumstances. It may also occur where a practice, procedure, or rule etc is applied equally to everyone in a formal sense, but operates in practice in a way that hits disproportionately at members of a vulnerable group (e.g., women, members of an ethnic or religious minority, or gay or lesbian individuals) and where the practice etc cannot be shown to be objectively justified.

10. Discrimination can take a variety of forms including direct discrimination, indirect discrimination, harassment and victimisation. These terms will be explained below but, as already stated, recourse should be had to the terms of relevant anti-discrimination legislation for statutory definitions.

11. For the purposes of this rule:

(a) direct discrimination takes place where one person is treated less favourably than another is, has been or would be treated in a comparable situation on the ground of their sex or marital status; or on racial grounds, or on grounds of ethnic or national origins; colour; nationality; disability, religion, belief (or lack of belief) or sexual orientation in circumstances to which no exception applies;

(i) the definition of discrimination has to be looked at carefully in the context of disability. The basis is a comparative test: the less favourable treatment of one person than of another, but the Disability Discrimination Act 1995 does not follow the other anti-discrimination legislation and defines discrimination differently in the different areas to which it applies.

(ii) to treat a person less favourably for other reasons, for example because they have not performed adequately, will not generally be regarded as discrimination which amounts to professional misconduct unless it is given as a reason in order to conceal the fact that the true reason is one of the matters referred to above.

(b) Indirect Discrimination occurs where an apparently neutral provision, criterion or practice would put a substantially higher proportion of the members of one sex, or persons having a racial or ethnic origin, or a particular religion or belief, or a particular disability or a particular sexual orientation at a particular disadvantage compared with other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

(c) Harassment is deemed to be a form of discrimination when unwanted conduct related to any of the grounds referred to above takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures.

(d) Victimisation is deemed to be a form of discrimination which occurs when someone is treated less favourably than others in the same circumstances because he or she has brought proceedings alleging discrimination or assisted others in proceedings alleging discrimination on any of the above grounds.

Genuine Occupational Qualifications and Requirements

12. There are a limited number of situations in which it is not unlawful to discriminate in circumstances where discrimination would otherwise be prohibited. These situations are variously called (depending upon the legislation) Genuine Occupational Qualifications (“GOQ) and Genuine Occupational Requirements (GOR).

13. Under section 7 of the Sex Discrimination Act 1975 (as amended) (“SDA) a job can be restricted to one sex provided that the sex of the worker is a genuine occupational qualification – i.e. where the essential nature of the job, or the duties which attach to it, require a person of a particular sex. A GOQ is interpreted in narrow terms and includes jobs where the work involves privacy, decency, personal welfare or educational services; the burden of proof is upon the employer to show that the GOQ applies to the job in question. With regard to transsexuals, an employer can refuse to employ someone who is planning to undergo, undergoing or has undergone a gender reassignment if being a man or a woman is a GOQ and the treatment is reasonable in the circumstances.

14. Section 5 of the Race Relations Act 1976 (as amended) also makes provision for a GOQ. Any job may be restricted to people of a particular race or ethnic or national origin provided that the race or ethnic or national origin is a genuine occupational qualification of the job, where, for example “the holder of the job provides persons of that racial group with personal services promoting their welfare, and those services can most effectively be provided by a person of that racial group. It must be shown that the benefits of employing a particular person outweigh the disadvantages and the duty to prove this is upon the employer.

15. Regulation 7 of the Employment Equality (Sexual Orientation) Regulations 2003 makes it not unlawful for an employer to discriminate against someone of a particular sexual orientation where their orientation is “a genuine and determining occupational requirement and “it is proportionate to apply that requirement in the particular case. This will be interpreted narrowly, for example in circumstances where it is necessary to comply with the doctrines of a particular religion.

16. Similarly, Regulation 7 of the Employment Equality (Religion or Belief) Regulations 2003 provides for a genuine occupational requirement exemption where “being of a particular religion or belief is a genuine and determining occupational requirement and is proportionate to the requirement of the case. Again it will be interpreted in a narrow way and will generally only apply where the employer has an ethos based on religion or belief and the nature of the employment warrants it being applied in accordance with the principle of proportionality.

17. With regard to disability, an employer would be justified in not employing a disabled person only if it was essential to the nature of the job that it not be undertaken by a person with that particular disability. It should be noted, however, that section 3A of the Disability Discrimination Act 1995 specifically states that the treatment in question must be capable of being justified and that “treatment is justified …… if, but only if, the reason for it is both material to the circumstances of the particular case and substantial.

Dealing with clients and third parties

18. A solicitor is generally free to decide whether to accept instructions from any particular client. However, any refusal to act must not be based upon any of the forbidden grounds.

19. Solicitors should instruct barristers on the basis of their skill, experience and ability and should not instruct, or avoid instructing, them on any of the forbidden grounds nor should they request or encourage barristers’ clerks to do so.

20. Whilst a solicitor should normally comply with a client’s request to instruct a named barrister (subject to the solicitor’s duty to discuss the suitability of that barrister for a particular type of work), a client who requests that a barrister should either be, or not be, of a particular sex; marital status; race; racial group; ethnic or national origin; colour; nationality; religion or belief; or sexual orientation; or should not be disabled (in circumstances not permitted by the relevant anti-discrimination legislation), should be encouraged to modify their instructions and in the event that they refuse to do so, the solicitor should cease to act.

21. In relation to the instruction of counsel, solicitors should be aware of the provisions of section 26A(3) of the Race Relations Act 1976, section 35A(3) of the Sex Discrimination Act, Section 7A(3) of the Disability Discrimination Act 1995, Regulation 12(4) of the Employment Equality (Religion or Belief) Regulations 2003 and Regulation 12(4) of the Employment Equality (Sexual Orientation) Regulations 2003 (provisions regarding discrimination against a barrister in relation to the giving, withholding or acceptance of instructions).

22. Solicitors who maintain lists or databases of contractors, agents and other third parties who are regarded as suitable to be instructed by others within the practice should ensure that those lists or databases are compiled on the basis only of the ability of those persons to undertake work of a particular type and should not contain any exclusion, restriction or preference on any of the forbidden grounds.

Partners and Partnerships
23. In relation to a position as partner in a firm, solicitors should be aware of the provisions of section 10 of the Race Relations Act 1976, section 11 of the Sex Discrimination Act 1975 as amended by section 1(3) of the Sex Discrimination Act 1986, Sections 6A, 6B and 6C of the Disability Discrimination Act 1995, Regulation 14 of the Employment Equality (Religion or Belief) Regulations 2003 and Regulation 14 of the Employment Equality (Sexual Orientation) Regulations 2003 (provisions regarding discrimination in relation to a position as partner).

24. In addition, solicitors should also be aware of the provisions of section 20A of the Sex Discrimination Act 1975 (as amended) which prohibits discrimination after the end of a relationship and which applies both to employees and partners.

Rule 2 – Burden of Proof
25. Findings of unlawful discrimination by an Employment Tribunal have not previously been regarded as binding on either the Law Society or the Solicitors’ Disciplinary Tribunal, although they have been admissible in evidence. The provisions of Rule 2 amend this position and place the burden of proof upon the solicitor in those cases where there has been such a finding. Whilst the Law Society must still determine whether an allegation or finding of discrimination against a solicitor amounts to professional misconduct, it would be a rare case where a finding of an Employment Tribunal, or of a County Court (in areas other employment) or (in Scotland) a Sheriff Court, did not constitute relevant, cogent and convincing evidence of a breach of professional standards.

26. The correct standard of proof to be applied in such cases will be the civil standard.

Rules 3 & 4 – Policy

27. In order to encourage solicitors to abide by the provisions of this rule and to assist in ensuring that their partners and staff do so too, it will be a requirement that the firm have a written policy for promoting equality, and for avoiding acts of discrimination and for dealing with any instances of discrimination which might arise. Such policy will cover both those matters referred to in legislation as well as those contained in this rule which go beyond the requirements of legislation.

28. Adoption of the policy will not only help ensure compliance with legislation and regulations, but will assist firms from a business and social perspective as well as helping to ensure compliance with legislation. From the business point of view:

a) firms will have access to a wider pool of talent assisting them in recruiting in the best interests of the organisation;

b) a diverse workforce will lead to the better provision of services to an increasingly diverse client base;

c) firms seeking publicly funded or public sector work or work from large corporate clients will find themselves better place to satisfy tendering requirements;

d) firms will enjoy better employee relations whilst at the same time avoiding the costs and adverse publicity which can accompany claims of discrimination;

e) firms will benefit from a better image generally enabling them more easily to attract potential employees and clients.

From the social perspective, any profession which purports to assist others in accessing and asserting their rights must itself embrace values of fairness and equality, thus promoting a better image of the profession as a whole.

29. Firms may produce their own policy and need not adopt, verbatim, the Law Society’s model policy. However, if they do so then that policy must cover, as a minimum, all of those matters referred to in the model policy and should contain provisions designed to ensure compliance with this rule. To the extent that the provisions of the model policy are not dealt with in the firm’s own policy then the firm will be bound by the relevant provisions of the Law Society’s model policy.

30. Any firm which does not either formally adopt the Law Society’s model policy or produce its own policy will nevertheless be bound by the provisions contained in the Law Society’s policy.

31. Whilst all firms are expected to implement, monitor (where appropriate) and review the operation of their anti-discrimination policy, the extent to which they will be expected to do so will be proportionate, dependant upon factors such as the size of the firm. Thus, whilst a sole practitioner will be expected to implement and apply an anti-discrimination policy, the duty to monitor and review will necessarily be less complex than for a firm with many partners and other staff.

Rule 5 - Solicitors in employed practice
32. It is acknowledged that solicitors in employed practice do not have the same opportunity to formulate, adopt and implement anti-discrimination and equal opportunity measures as do their counterparts in private practice. They should, however, have an opportunity to influence those measures which are implemented, especially within their own departments.

33. This rule requires that solicitors in employed practice use their best endeavours to operate anti-discrimination and equal opportunity measures within their own department wherever possible, without placing upon them the burden of professional misconduct where they are genuinely unable to do so.

34. In the event of there being an allegation of misconduct based upon discrimination on any of the grounds listed in Rule 1 of the SADR, it will be for the solicitor with management responsibility to show good reason why he or she was unable to secure the operation of an appropriate policy.

Rule 6 – Applicable anti-discrimination legislation

35. Part of the requirement of Rule 1 is that solicitors observe the provisions of the anti-discrimination legislation. This rule identifies what is current legislation.

36. The Equal Pay Act 1970 (as amended) provides that women and men must be paid the same pay (broadly defined) as those of the opposite sex when the work which they are doing is the same or broadly similar or of equal value. It also covers other terms of employment including working hours, holidays, sick pay and pensions.

37. The Sex Discrimination Act 1975 (as amended) (“SDA) makes it unlawful to discriminate in employment (including recruitment, training and promotion), education, housing, and the provision of goods or services (and in advertisements for these) on the grounds of a person's sex or in employment related matters because they are married. It also covers partnerships.

38. Additionally, the SDA now makes it unlawful to discriminate against someone who is about to undergo, is undergoing or has undergone a gender reassignment (transsexuals). The Sex Discrimination (Gender Reassignment) Regulations 1999 defines gender reassignment as “a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process. Further amendments will be made when the Gender recognition Bill comes into force.

39. The Race Relations Act 1976 makes it unlawful to discriminate on racial grounds in employment, education and the provision of goods, services and facilities to the public. It also forbids racial discrimination by public authorities in the exercise of their public function. Like the SDA it applies to partnerships.

40. The Disability Discrimination Act 1995 makes it unlawful to discriminate against disabled people or to fail to make reasonable adjustment to accommodate the needs of a disabled person in the work environment, housing and the delivery of goods, facilities and services.

41. The Employment Rights Act 1996 gives rights to those employees who have one year's service with their employer who resign or are considering resignation on the grounds of harassment.

42. The Employment Equality (Sexual Orientation) Regulations 2003 make it unlawful to discriminate in the work environment against anyone on the grounds of their sexual orientation

43. The Employment Equality (Religion or Belief) Regulations 2003 make it unlawful to discriminate in the work environment against anyone on the grounds of their religious or other philosophical belief.

Law Society’s Model Anti-Discrimination Policy

(policy issued under Rules 3 and 4 of the Solicitors Anti-Discrimination Rules 2004)

A. The Firm’s Commitment

(1) General commitment
This firm is committed to eliminating discrimination and promoting equality and diversity in its own policies, practices and procedures and in those areas in which it has influence.

This applies to the firm’s professional dealings with staff and [partners]/[members]/ [directors], other solicitors, barristers, clients and third parties.

The firm intends to treat everyone equally and with same attention, courtesy and respect regardless of their disability, gender, marital status, race, racial group, colour, ethnic or national origin, nationality, religion or belief or sexual orientation.

(2) Regulation and legislation

In developing and implementing its anti-discrimination policy, the firm is committed to complying with the Solicitors Anti-Discrimination Rule 2004 and with all current and any future anti-discrimination legislation and associated codes of practice including, but not limited to:

(a) the Equal Pay Act 1970,

(b) the Sex Discrimination Act 1975,

(c) the Race Relations Act 1976,

(d) the Disability Discrimination Act 1995,

(e) the Employment Rights Act 1996

(f) the Employment Equality (Sexual Orientation) Regulations 2003,

(g) the Employment Equality (Religion or Belief) Regulations 2003

and any relevant amendments or re-enactments of such legislation

i. The Commission for Racial Equality code of practice for the elimination of racial discrimination and the promotion of equality of opportunity in employment

ii. The Equal Opportunities Commission code of practice on sex discrimination; equal opportunities policies, procedures and practices in employment

iii. The Equal Opportunities Commission code of practice on Equal Pay

iv. The Disability Discrimination Act 1995 codes of practice in relation to rights of access to facilities, services and premises in employment

v. The European Community code of practice on the protection of the dignity of men and women at work.

And any relevant amendments to such codes or further codes of practice

B. Forms of Discrimination

The following are the kinds of discrimination, which are against the firm’s policy:

(a) Direct discrimination, where a person is treated less favourably on the grounds of race, racial group, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation or religion or belief.

(b) Indirect discrimination, where an apparently neutral provision, criterion or practice would put a substantially higher proportion of the members of one sex, or persons having a racial or ethnic origin, or a particular religion or belief, or a particular disability or a particular sexual orientation at a particular disadvantage compared with other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary

(c) Victimisation, where someone is treated less favourably than others because he or she has taken action against the firm under one of the relevant Acts.

(d) Harassment, when unwanted conduct related to any of the grounds referred to above takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. This will include physical, verbal and non-verbal acts.

C. Employment and Training

(1) General Statement
As an employer, the firm will treat all employees and job applicants equally and fairly and not discriminate unjustifiably against them. This will, for example, include arrangements for recruitment and selection, terms and conditions of employment, access to training opportunities, access to promotion and transfers, grievance and disciplinary processes, demotions, selection for redundancies, dress code, references, bonus schemes, work allocation and any other employment related activities.

(2) Recruitment and selection
This firm recognises the benefits of having a diverse workforce and will take steps to ensure that:

(a) it endeavours to recruit from the widest pool of qualified candidates possible;

(b) employment opportunities are open and accessible to all on the basis of their individual qualities and personal merit;

(c) where appropriate, positive action measures are taken to attract applications from all sections of society and especially from those groups which are under-represented in the workforce;

(d) selection criteria and processes do not discriminate unjustifiably on the grounds of disability; gender; marital status; race; racial group; colour; ethnic or national origin; nationality; religion or belief; or sexual orientation; other than in those instances where the firm is exercising permitted positive action;

(e) wherever appropriate and necessary, lawful exemptions (genuine occupational requirements) will be used to recruit suitable staff to meet the special needs of particular groups;

(f) all recruitment agencies acting for the firm are aware of its requirement not to discriminate and to act accordingly.

(3) Targets

The firm will use its best endeavours to comply with Law Society policies and targets for the employment of ethnic minorities, as are produced from time to time in accordance with the provisions of the anti-discrimination legislation.

(4) Conditions of service

The firm will treat all employees equally and create a working environment which is free from discrimination and harassment and which respects, where appropriate, the diverse backgrounds and beliefs of employees.

Terms and conditions of service for employees will comply with anti-discrimination legislation. The provision of benefits such as working hours, maternity and other leave arrangements, performance appraisal systems, dress code, bonus schemes and any other conditions of employment will not discriminate against any employee on the grounds of their gender; marital status; race; racial group; colour; ethnic or national origin; nationality; religion or belief; or sexual orientation; or unreasonably on the grounds of their disability.

Where appropriate and necessary, the firm will endeavour to provide appropriate facilities and conditions of service which take into account the specific needs of employees which arise from their ethnic or cultural background; gender; responsibilities as carers; disability; religion or belief; or sexual orientation.

(5) Promotion and Career development
Promotion within the firm (including to [partners]/ [members]/ [directors]) will be made without reference to any of the forbidden grounds and will be based solely on merit.

The selection criteria and processes for recruitment and promotion will be kept under review to ensure that there is no unjustifiably discriminatory impact on any particular group.

Whilst positive action measures may be taken in accordance with the relevant anti-discrimination legislation to encourage under-represented groups to apply for promotion opportunities, recruitment or promotion to all jobs will be based solely on merit.

All employees will have equal access to training and other career development opportunities appropriate to their experience and abilities. However, the firm will take appropriate positive action measures (as permitted by the anti-discrimination legislation) to provide special training and support for groups which are under-represented in the workforce and encourage them to take up training and career development opportunities.

D. [Partners]/[Members]/[Directors]

Arrangements and procedures for selecting [partners]/ [members]/ [directors], their terms and conditions of [partnership]/ [membership]/ [directorship], access to benefits, facilities or services and termination arrangements will be reviewed and amended where necessary to prevent discrimination on any of the forbidden grounds.

Maternity rights available to [partners]/[members]/[directors] shall be no less favourable that those required by legislation for employees.

E. Barristers and Third Parties
(1) Barristers

Barristers should be instructed on the basis of their skills, experience and ability. The firm will not, on any of the forbidden grounds, avoid briefing a barrister and will not request barristers’ clerks to do so.

Clients’ requests for a named barrister should be complied with, subject to the firm’s duty to discuss with the client the suitability of the barrister and to advise appropriately.

The firm will discuss with the client any request by the client that only a barrister who is not disabled or who is of a particular gender; marital status; race; racial group; colour; ethnic or national origin; nationality; religion or belief; or sexual orientation be instructed. In the absence of a valid reason for this request, which must be within the exemptions permitted by the anti-discrimination legislation, the firm will endeavour to persuade the client to modify their instructions in so far as they are given on discriminatory grounds. Should the client refuse to modify such instructions, the firm will cease to act.

(2) Suppliers

All lists of approved suppliers and databases of contractors, agents and other third parties who, or which, are regarded as suitable to be instructed by those within the firm have been compiled only on the basis of the ability of those persons or organisations to undertake work of a particular type and contain no discriminatory exclusion, restriction or preference.

F. Clients

The firm is generally free to decide whether to accept instructions from any particular client, but any refusal to act will not be based upon any of the forbidden grounds.

The firm will take steps to meet the different needs of particular clients arising from its obligations under the anti-discrimination legislation (such as the Disability Discrimination Act) and the Solicitors Anti-Discrimination Rule 2004.

In addition, where necessary and where it is permitted by the relevant anti-discrimination legislation (for example, provisions relating to positive action or exemptions) the firm will seek to provide services which meet the specific needs and requests arising from clients’ ethnic or cultural background; gender; responsibilities as carers; disability; religion or belief; sexual orientation or other relevant factors.

G. Promoting Equality and Diversity
This firm is committed to promoting equality and diversity in the firm as well as in those areas in which it has influence.

Employees and [partners]/[members]/[directors] will be informed of this anti-discrimination policy and will be provided with equality and diversity training appropriate to their needs responsibilities.

All those who act on the firm’s behalf will be informed of this anti-discrimination policy and will be expected to pay due regard to it when conducting business on the firm’s behalf.

In all its dealings, including those with suppliers, contractors and recruitment agencies, the firm will seek to promote the principles of equality and diversity.

The firm will make every effort to reflect its commitment to equality and diversity in its marketing and communication activities.

H. Implementing the Policy

(1) Responsibility

Ultimate responsibility for implementing the policy rests with the [principal]/[partners]/ [members]/[directors] of the Firm. The Firm will appoint a senior person within it to be responsible for the operation of the policy.

All employees and [partners]/[members]/[directors] of the firm are expected to pay due regard to the provisions of its anti-discrimination policy and are responsible for ensuring compliance with it when undertaking their jobs or representing the firm.

Acts of discrimination or harassment on any of the forbidden grounds by employees or [partners]/[members]/[directors] of the firm 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 the firm and to all [partners]/[members]/[directors].

Acts of discrimination or harassment on any of the forbidden grounds by those acting on behalf of the firm will lead to appropriate action including termination of services where appropriate.

(2) Complaints of discrimination

The firm will treat seriously, and will take action where appropriate concerning, all complaints of discrimination or harassment on any of the forbidden grounds made by employees, [partners]/[members]/[directors], clients, barristers or other third parties.

All complaints will be investigated in accordance with the firm’s grievance or complaints procedure and the complainant will be informed of the outcome.

(3) Monitoring and review

The policy will be monitored and reviewed in a manner proportionate to the size and nature of the firm on a regular basis (and in any event at least annually) to measure its progress and judge its effectiveness. In particular, the firm will, as appropriate, monitor and record:

(a) The gender and ethnic composition of the workforce and partners as well as the number of disabled staff, [partners]/[members]/[directors] at different levels of the organisation

(b) The ethnicity, gender and disability of all applicants, short-listed applicants and successful applicants for jobs and training contracts

(c) The ethnicity, gender and disability of all applicants for promotion (including to partnership, to the role of a member of a limited liability partnership or director of a recognised body) and training opportunities and details of whether they were successful.

(d) Where it is possible to do so, and where doing so will not cause offence or discomfort to those whom it is intended to protect, the sexual orientation and religion or belief of all [partners]/[members]/[directors] and staff will be monitored so as to ensure that they are not being discriminated against in terms of the opportunities or benefits available to them. Firms should, however, be aware that [partners]/[members]/[directors] and staff may not choose to disclose their sexual orientation or religion or belief and that care should be taken to avoid inadvertent discrimination in such cases.

(e) The number and outcome of complaints of discrimination made by staff, [partners]/[members]/[directors], barristers, clients and other third parties

(f) The disciplinary action (if any) taken against employees by race, gender and disability.

This information will be used to review the progress and impact of the Anti-Discrimination policy. Any changes required will be made and implemented.