Introduction

The purpose of the Code

This new Equality and Diversity Code is designed to assist barristers and their employees to apply good equal opportunities practice in the development and running of Chambers. The advice is primarily for barristers in self-employed practice as employed barristers will be bound by their individual company/organisation’s policies and rules for implementation All barristers are required to comply with the broad obligations not to discriminate, as set out in paragraphs 305 and 404 of the Code of Conduct and in the anti-discrimination statutes. It is intended to be a practical guide rather than a legal handbook but seeks to reflect and give effect to the requirements of the law.

Why does equality of opportunity matter?

Equality of opportunity is fair, commercially advantageous, necessary for compliance with non-discrimination law and constitutionally important.

Barristers advise and represent clients from an increasingly diverse range of backgrounds. They remain the largest pool for recruitment to the judiciary. It is in the best interests of both the public and the Bar that those of the highest ability and talent are attracted to the profession. Recent statistics for entry to the Bar are encouraging but retention remains an issue of concern. Cultures and practices which may deter those of high ability from remaining within the profession or from achieving their full potential must be identified and, where possible eliminated. Public confidence and support for the Bar can only be enhanced by systems which are seen as open and fair.

Barristers need to be able to recognise their own prejudices and to be aware of the assumptions which they make in evaluating others. They must learn how to ensure that prejudices and assumptions do not influence their treatment of others in the work context. Diversity training will assist barristers in understanding the cultures and sensitivities of others. Systems, such as fair recruitment processes, policies on flexible working and monitoring, will help to ensure that working practices really are achieving equality. Accreditation through schemes such as the Legal Services Commission’s Quality Mark now require that good equal opportunities practices are applied.

The application of good equal opportunities practices will minimise the risk of breaches of discrimination law for which awards may now be substantial. But the commercial advantages go further. They entail the retention of an excellent pool of talent. Barristers in the early stages of their professional lives may be supported in their work by rent concessions and training. If they then leave Chambers because, for example, childcare commitments limit their earning capacity for a few years and a period of flexible working cannot be accommodated, their value is lost. They may be potential major contributors to Chambers whose value is lost by short-term considerations.

The Bar has a constitutional role in ensuring the independence of advocates before the Courts and in order to maintain confidence in that role, its own practices must be and be seen to be fair.

The Bar Council has now adopted a policy of “mainstreaming” equal opportunities and Chambers are encouraged to do the same. This means that the furtherance of equal opportunity objectives and the potential for discrimination should be considered in relation to all policies, practices and decisions where equal opportunities issues may arise: for example, not just recruitment but also matters such as distribution of work, allocation of rooms, fees, the location and timing of meetings and Chambers entertaining.

Using the Code

The Code begins with a guide in Section 1 to the key areas (known as “Action Areas”) where good equal opportunities practice should be implemented. This is where practical guidance may be found, on the key areas of recruitment, maternity and fair access to work. Section 1 also includes a guide to the new statutory provisions on service provision to disabled clients.

Section 2 outlines the legal and regulatory framework which underpins the requirement not to discriminate. The duty not to discriminate is to be found not only in statute and regulations but also in the Bar’s Code of Conduct. The key concepts of anti-discrimination law are summarised and some common misconceptions are clarified.

In each Section, the reader will find Links to regulatory provisions, statutory Codes of Practice, model policies and guidance on good practice. For those reading the Code in its paper version rather than electronically, Section 3 contains Annexes with further guidance on good equal opportunities practice, such as the Bar Council Maternity, Paternity and Flexible Working Policy guidance on Monitoring and on the role of an Equal Opportunities Officer in chambers. The Equality and Diversity Advisers of the Bar Council are available to provide further assistance. References to “Heads of Chambers” in the text include all management structures with overall responsibility for running chambers.