Equal opportunity policy
Equal Opportunities Policy
33 Bedford Row Chambers is committed to the implementation and promotion of equal opportunities and to ensuring that there is no direct or indirect discrimination, harassment or victimisation within chambers on the grounds of race, colour, ethnic or national origin, nationality, gender, sexual orientation, sex, marital status, religion, political persuasion, citizenship, age or disability in relation to:
- The recruitment of tenants, pupils and staff
- The treatment of tenants, pupils and staff
- Interaction between tenants, pupils and staff
- The treatment of lay and professional clients
Underlying this policy is our intention to ensure that all individuals are accorded equal dignity and respect and are judged on their merit and abilities alone. To this end this policy provides the framework for the promotion of equal opportunities and the internal resolution of complaints involving all members of chambers whether, tenants, pupils, squatter or staff. The policy has been developed in line with the requirements contained within paragraphs 305, 403 and 404 of the Code of Conduct and with the additional recommendations set out in the Equality and Diversity Code for The Bar which came into effect on 1st October 2005.
Chambers recognises that such a commitment requires that positive steps be taken to identify and eliminate possible areas of discrimination so as to ensure equality of access to all applicants, equality of treatment to all barristers and members of staff and equality of service to both professional and lay clients.
Contents
- Defining Discrimination
- The Selection of Pupils & Tenants
- Equality of Opportunity in Chambers
- Monitoring
Defining Discrimination
A member of chambers, whether tenant, pupil, squatter or a member of staff must not act in relation to another member of chambers, to a present or aspiring member of the Bar or to a lay or professional client in a manner which directly or indirectly is either discriminatory, consists of harassment or victimises that person on grounds of race, colour, ethnic or national origin, nationality, citizenship, gender, sexual orientation, marital status, age, disability, religion or political persuasion.
Direct Discrimination
Direct discrimination consists of treating such a person less favourably than others are, or would be, treated in the same or similar circumstances because of a particular characteristic identified in anti-discrimination legislation.
Indirect Discrimination
Indirect discrimination occurs where four conditions are met:
- a requirement or condition is applied equally to all but a considerably smaller proportion of a relevant group, than of the other persons to whom it applies, can comply with;
- the particular individual cannot comply with the requirement;
- it results in a detriment to them
- and the requirement cannot be shown to be objectively justifiable in spite of its discriminatory effect.
Harassment
Harassment creates an intimidating or unpleasant working environment, which may affect career advancement and thereby constitute discrimination. It is defined as unwanted conduct which is intended to, or creates the effect of being, offensive to the recipient in that it affects their dignity, or which creates an intimidating, hostile, degrading or humiliating environment for that person. Such conduct will be considered as harassment whatever the motive or intention of the perpetrator. It should never be assumed that because a similar remark or act did not appear to cause in the past that it is therefore per se inoffensive.
Victimisation
Victimisation consists of less favourable treatment to those who have brought proceedings, or given evidence or information for the purpose of legal or disciplinary proceedings or made a complaint based upon an allegation of discrimination.
The Selection of Pupils & Tenants
It is extremely important, given the nature of entry into the profession, that selection criteria for pupillage and tenancy should be free from discrimination. In pursuance of this aim chambers undertakes that recruitment policy towards pupils and tenants shall:
- be transparent, set out in a document which is available to all upon request
- not be subject to change during the selection process
- be based on objective and explicit criteria which relate to the demands of the work
- save in exceptional circumstances, be applied equally to all potential recruits
- be free, at all stages, from assumptions based on stereotypical views or expectations of the behaviour and characteristics of any particular group
- not be subject to the will or unexplained veto of one person alone, but instead in accordance with criteria which reflect the views of a broad spectrum of people in chambers.
Equality of Opportunity in Chambers
Distribution of work to all members of chambers, working pupils and squatters must be carried out in a manner that is fair to all and without discrimination. Selection of counsel shall be on the basis of the skills and experience required for the particular case.
In particular, no applicant for pupillage or tenancy shall suffer discrimination
- in the arrangements which are made for the purpose of determining to whom it should be offered
- in respect of any terms on which it is offered, or by a refusal or deliberate omission, to offer it to him/her
Furthermore, no pupil or tenant shall suffer discrimination - in respect of any terms applicable to him/her as a pupil or tenant
- in the opportunities for training or gaining experience, which are afforded or denied to him/her
- in the benefits, facilities or services which are afforded or denied to him/her
- in the volume or type of work which is offered or denied to him/her
- by termination of his/her pupillage or by subjecting him/her to any pressure to leave the chambers or other detriment.
Monitoring
In seeking to identify and eliminate sources of unintended discrimination, chambers will monitor both the recruitment of applicants at all stages and allocation of work between barristers in chambers. The monitoring data will be analysed at least once per year and where under-representation of a particular group is identified, chambers will seek to improve the position of the under-represented group. However, chambers will not engage in positive discrimination or quotas as both these practices are unlawful in the UK.