2 Harcourt Buildings

Equal Opportunities Policy

Introduction

Two Harcourt Buildings is committed to the implementation and promotion of equal opportunities and to ensuring an absence of direct or indirect discrimination on grounds of race, colour, ethnic or national origin, nationality, citizenship, gender, gender reassignment, sexual orientation, marital status, disability, age, religion or political persuasion.

Such a commitment entails that positive steps be taken to identify and eliminate possible areas of discrimination so as to ensure equality of service to both professional and lay clients, equality of access to all applicants to Chambers and equality of treatment to all barristers and members of staff.

The Policy reflects and borrows from the legislative framework provided by Parliament and the more extensive Equality Code provided by the Bar Council and applicable to individual members of Chambers by virtue of paras. 204 and 303 – 305 of the Code of Conduct. The Policy adheres to para 305.1:

“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”

The Policy also adheres to para: 305.2

“A barrister must not in relation to any offer of a pupillage or tenancy discriminate directly or indirectly against a person on grounds of age, save where such discrimination can be shown to be objectively and reasonably justifiable”

In relation to clients, all members of Chambers and pupils adhere to the Cab Rank Rule on the acceptance of instructions as set out at para. 602 of the Bar Code of Conduct.

Underlying this Code of Conduct is our intention that all clients, whether lay or professional, are accorded equal dignity and respect and equality in the provision of services in all aspects of our business. Clients, individual tenants, pupils, members of staff and applicants to Chambers will be judged on merit and ability alone, free from judgements or treatment based on prejudice or assumptions of collective characteristics. To this end, this Policy provides a framework for the promotion of equal opportunities and the internal resolution of complaints involving members of Chambers be they pupils, squatters, tenants or members of staff.

Defining Discrimination

A member of Chambers, whether tenant, pupil, squatter or member of staff must not act in relation to a lay or professional client, to another member of Chambers, to a present or aspiring member of the Bar or to a member of staff in a manner which directly or indirectly is either discriminatory, consists of harassment or victimises that person on the grounds of a protected characteristic as defined by the Equality Act 2010 (age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, and pregnancy and maternity).

Indirect Discrimination

Indirect discrimination occurs where: a) a provision, criterion or practice is applied equally to everyone but which would disadvantage a particular protected characteristic; b) the particular individual is put at a disadvantage; c) the provision, criterion or practice cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment

Harassment creates an intimidating or unpleasant working environment which may affect career advancement and thereby constitute discrimination. It is defined as unwanted conduct that has the purpose or effect of violating the recipient’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment, where such conduct would not have occurred but for the collective qualities or characteristics of the recipient. 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 offence in the past that it is therefore inoffensive. See Appendix 25 – Harassment Policy

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. Such treatment is unlawful under the Equality Act 2010 (previously the Sex Discrimination Act 1975 as amended and the Race Relations Act 1976 as amended) and will also breach para. 204 of the Code of Conduct.

The Provision of Services to Clients

It is essential that all clients, lay or professional, are treated fairly and without discrimination. In ensuring equality in the provision of services to clients, Chambers will:

Adhere to the Cab Rank Rule on the acceptance of instructions from clients;
Train all staff in relation to equal treatment of clients and in handling requests or situations which may not accord with our policy of Equal Opportunities;
Comply with requests for Chambers’ information on Equal Opportunities from the Bar Council, Legal Services Commission or the CPS;
Include Equal Opportunities considerations in future planning, for example by reviewing the accessibility of premises for minority and disabled users;
Review with care and commitment any complaints that might arise, both by Chambers’ Equality and Diversity Officer and as part of our Annual Management Review.

The Selection of Pupils and Tenants and Staff

It is paramount, given the nature of entry into the profession, that the selection criteria for pupillage and tenancy should be free from discrimination, as should the selection of staff. We therefore undertake that the recruitment policy towards pupils, tenants and staff should:

Be transparent, set out in a document which is available to all on request [See the Recruitment Policy at Appendix 13 of the Chambers Manual, Chapter 8 of the Chambers Manual relating to the selection of pupils, and the Guide to Pupillage at Appendix 23 and the Pupillage Policy Document at Appendix 23A of the Chambers’ Manual relating to the selection of tenants from pupils.]
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 any one person alone, but instead reflect the views of a broad spectrum of people.

Equality of Opportunities in Chambers

The allocation 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 or her.

Furthermore, no actual pupil or tenant shall suffer discrimination:

In respect of any terms applicable to him or her as a pupil or tenant,
In the opportunities for training, or gaining experience, which are afforded or denied to him or her,
In the benefits, facilities or services which are afforded or denied to him or her,
In the volume or type of work which is offered or denied to him or her,
By termination of his or her pupillage or by subjecting him or her to any pressure to leave Chambers or other detriment.

Parental Leave

Two Harcourt Buildings is committed to encourage and assist members who have taken or are planning to take time off following the birth or adoption of a child to return to Chambers and continue to build successful practices. Full details are set out in Appendix 27 – Parental Leave Policy.

A copy of career break guidance and a checklist prepared by the Bar Council is available within the Chambers’ Manual at Appendix 24A and will be drawn to the attention of any tenants planning to take maternity leave or a sabbatical.

A female employee is entitled to 26 weeks’ ordinary maternity leave followed by 26 weeks’ Additional Maternity Leave. She may choose to reduce her maternity entitlement in order to opt into the Shared Parental leave system, full details of which are set out in the Shared Parental Leave Policy at Appendix 30 of the Chambers’ Manual. The employee must give 8 weeks’ notice if she wishes to return to work early.

Provided that Chambers has employed her for 40 weeks before the Expected Week of Childbirth (EWC), a female employee is entitled to Statutory Maternity Pay (SMP), which will be paid at a rate of 90% of her pay for the first 6 weeks, and then £184.03 per week (as of April 2024) for the next 33 weeks. Additional maternity leave is unpaid. Ordinary maternity leave and payment of SMP may be taken from the beginning of the 11th week before the EWC. If the employee is absent with a pregnancy related illness during the 4 weeks before the EWC, her ordinary maternity leave starts immediately. The employee’s contractual rights continue during the period of maternity leave.

Chambers will permit all pregnant employees to have reasonable time off with pay to attend ante natal classes on production of an appointment card.

A male tenant is entitled to paternity leave for a period of one month. However, where a male tenant ceases work in order to take primary responsibility for looking after a newly born child the principles set out in Appendix 27 shall apply to the male tenant for so long as he continues to exercise primary responsibility for looking after the child.

A male employee is entitled to Statutory Paternity Pay and Leave provided that Chambers has employed him for 40 weeks before the EWC. Statutory Paternity Pay will be paid at the rate of £184.03 per week (as of April 2024). Statutory Paternity Leave must be taken within 8 weeks of the birth. It can be taken as either a one-week or two-week period. A male employee may be entitled to additional leave and pay if his partner returns to work and qualifies for shared parental leave and pay – full details are set out in the Shared Parental Leave Policy at Appendix 30 of the Chambers’ Manual.

Only one leave and payment is due in respect of each pregnancy.

Employees who have been in post for one year or more may apply for parental leave. They are entitled to 13 weeks unpaid parental leave, until the child’s 18th birthday, for childcare purposes. A maximum of 4 weeks may be taken in any one year, with sole days being counted as singly.

Employees have the right to leave in respect of each child for whom they have parental responsibility.

Employees who adopt (but not those who adopt having already been the child’s foster carers, nor stepparents who adopt their partner’s child or children) and who have been employed in Chambers for at least 26 weeks before the adoption date may apply for adoption leave:

The ‘main’ parent is entitled to 26 weeks’ ordinary adoption leave and a further 26 weeks’ additional adoption leave. (S)He will also be entitled to 39 weeks’ statutory adoption pay which is payable at £184.03 per week (as of April 2024); the remainder of the additional adoption leave is unpaid. (S)He must give Chambers 28 days’ notice of the date on which (s)he wishes his/her adoption leave to commence (this must be within 7 days of the adoption date).
The ‘other’ parent is entitled to 2 weeks’ leave (which must be taken as a one-week or two-week period and must be taken within 56 days of the adoption) payable at £184.03 per week (as of April 2024).

The same rights under shared parental leave apply to adopting couples provided that he qualifying conditions set out above are satisfied.

Dependents’ Emergency Leave

All employees, regardless of length of service, are entitled to take up to 10 days unpaid leave in any one calendar year to deal with family emergencies such as:

To help when a dependent is ill, gives birth, or is injured or assaulted
To arrange for an ill or injured dependent to be cared for
An unexpected change in a dependent’s care arrangements
The death of a dependent
An incident involving a child which occurs unexpectedly in school time

Flexible Working

The Clerks and the Head of Chambers shall ensure that real efforts are made to accommodate the request of any member to work flexible hours / part-time in order to enable them to manage their family responsibilities and remain in practice. Full details are set out in Appendix 26 – Flexible Working Policy.

Monitoring

In seeking to identify and eliminate sources of unintended discrimination, Chambers shall monitor both the recruitment of applicants at all stages, the allocation of work between our pupils, and the allocation of work between junior tenants of 5 years’ call and under. The monitoring data is 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 United Kingdom.

The Chambers’ Administrator has collected in-house diversity data from all members of Chambers and pupils and inputted this data in their personal profile on the LEX case management system (this personal data may only be viewed by the Administrator). Reports are printed periodically of unallocated work and work opportunity enquiries that come into Chambers by post, email or telephone call that are not assigned to a named person. The data is reviewed at least twice yearly by the Administrator, Senior Clerk and Equality & Diversity Officer to pick up patterns of work allocation and to decide on what further actions might be necessary.

Internal Complaints Procedure

Chambers recognises that this is a particularly sensitive area where fear of adverse judgement may prevent a complaint being made in the first place. It is Chambers’ policy, therefore, that, as far as is practicable, names of complainants shall not be released (save to those persons conducting the investigation and to the person complained against) without their consent. Equally, complainants will not be victimised or suffer detriment because of a complaint made in good faith. The types of circumstances which may give rise to complaint are:

Selection of pupils, tenants and staff from internal or external applicants
Conduct of pupillage
Distribution of work in Chambers
Pressure or instruction to discriminate in the distribution of work
Harassment or other discrimination originating within or outside Chambers

The Procedure

A person subject to discrimination in any of these situations may, at their choosing, deal with the matter in a number of ways:

Voicing a concern

Where an aggrieved person merely wishes to voice their concerns and no more, they can approach either the Equality & Diversity Officer, the Head of Chambers or one of the nominated members of Chambers referred to in the Grievance Policy at Appendix 16, as they deem appropriate for a confidential discussion. This is primarily intended to provide support and advice without the matter going any further.

Informal complaint

The second option is the lodging of an informal complaint. This can be done orally either to the Equality & Diversity Officer or the Head of Chambers as appropriate for a confidential discussion.

An informal complaint is designed to act as a method of resolving disputes without the need for a formal investigation to determine the issue. If the complaint concerns the conduct of a person in Chambers, it may be that such a person can be made aware that they are causing offence and so cease the offending behaviour. Alternatively, where the complaint concerns a decision taken within Chambers, it may be that such a decision can be reviewed or, if appropriate, overturned. An informal complaint may also be made for the purpose of seeking advice.

Formal complaint

The third option is the lodging of a formal complaint. This must be in writing and must set out the allegation(s) complained of so as to enable Chambers to carry out a thorough investigation of all the matters concerned. The complainant has a right to make representations and/or to be independently represented, as does the person against whom the complaint has been lodged. An investigation should not, save in exceptional circumstances, last longer than six weeks from the date of the complaint. Following an investigation, a representative panel of at least three members of Chambers will determine the issue. No member of such a panel should have a conflict of interest between themselves and the complainant. If actual or potential discrimination has been found, remedial steps will be taken immediately. These may include a re-evaluation of a decision, a further opportunity to be considered for an interview or a pupillage, tenancy, brief or post as the case may be, a change in working practices, further advice, training or support, comparative monitoring of work allocation and any other action including disciplinary steps against the offender that appear to the panel to be appropriate.

Every complainant has a right to consult with the Bar Council Equal Opportunities Officer for confidential advice and to lodge a formal complaint of professional misconduct with the Bar Council. Complainants of unlawful discrimination have a legal right to apply, subject to time limits, to the County Court or, for Chambers’ employees, to the Industrial Tribunal. The Commission for Racial Equality and the Equal Opportunities Commission are also available for consultation.

Access to Chambers and the Equality Act 2010

Apart from the commitment of Chambers to the Equal Opportunities Policy outlined above, Chambers is also a service provider within the meaning of the Equality Act 2010 (replacing the Disability Discrimination Act 1995). As such, we are determined to ensure that users who have a disability are treated no less favourably because of the physical constraints imposed upon us by the nature of our premises. Full details are set out in Appendix 28 – Reasonable Adjustments Policy.