CLARENDON CHAMBERS
Policy for Equal Opportunity & Non-Discrimination
1)INTRODUCTION
Clarendon Chambers 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, sexual orientation, age, marital status, disability, religion or political persuasion. Such a commitment entails that positive steps be taken to identify and eliminate possible areas of discrimination in relation to:
• The recruitment of pupils, tenants and staff
• The treatment of pupils, tenants and staff both professionally and socially
• Relations between staff, pupils and tenants both professionally and socially
• The treatment of lay and professional clients
Underlying this Policy is our intention that every individual should be accorded equal dignity and respect and 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.
2) THE LEGISLATION
The Code reflects the legislative framework provided by Parliament including :
• Equal Pay Act 1970
• Sex Discrimination Act 1975
• Race Relations Act 1976
• Courts & Legal Services Act 1990
• Disability Discrimination Act 1995
Section 64 of the Courts & Legal Services Act 1990 introduced amendments to the Race Relations Act 1976 and the Sex Discrimination Act 1975. Sections 26A of the Race Relations Act and Section 35A of the Race Relations Act 1975 now contain provisions to the following effect:
1.) It is unlawful for any barrister or barristers clerk, in relation to any offer of pupillage or tenancy to discriminate against a person on grounds of race or sex :
a) in the arrangements which are made for the purpose of determining to whom it should be offered;
b) in respect of any terms on which it is offered; or
c) by refusing or deliberately omitting to offer it to him or her.
2) It is also unlawful for a barrister or a barrister’s clerk in relation to a pupil or tenant in the Chambers in question to discriminate against him or her:
a) in respect of any terms applicable to him or her as a pupil or tenant;
b) in the opportunities for training, or gaining experience, which are afforded or denied to him or her;
c) in the benefits, facilities or services which are afforded or denied to him or her;
d) in the volume or type of work which is offered or denied to him or her;
e) by termination of his or her pupillage or by subjecting him or her to any pressure to leave chambers or other detriment.
3) It is also unlawful for any person in relation to giving, withholding or acceptance of instructions to a barrister to discriminate against any woman.
Section 204 of the Bar Code of Conduct of England and Wales States that:
A practising barrister must not, in relation to any person (including a lay client, professional client, another barrister, pupil or student member of an Inn of Court) on grounds of race, ethnic origin, sex, religion or political persuasion, treat that person for any purpose, less favourably than he or she would treat other such persons.
By virtue of Section 802 (1) of the Code, a failure to comply with the Code shall constitute professional misconduct rendering a barrister liable to disciplinary proceedings.
3) ORGANISATION FOR EQUALITY
Chambers has an established structure in place to ensure this policy and related procedures are implemented. This involves the following personnel / authorities:
The Equality Officer is responsible for:
• Monitoring changes in legislation and updating Chambers’ policy and procedures accordingly
• Promotion of this policy within Chambers and externally where appropriate
• Analysis and review of Equal Opportunities monitoring data
• Co-ordination of Annual Equality Review
The Senior Clerk is responsible for:
• Ensuring the fair distribution of unnamed work to pupils and members
• Monitoring work levels and patterns of pupils/juniors on a day-to-day basis
• Production of reports for review by the Pupillage Committee and Equality Officer
The Equality Officer and other delegated person (generally the Chair of the Pupillage Committee) and Pupil supervisors are responsible for:
• Hearing and resolution of grievances relating to equality in the first instance
The Management Committee is responsible for:
• Final resolution of grievances or referral to outside sources if this is not possible
4) DEFINITIONS
A member of chambers, whether tenant, pupil, squatter or 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, disability, religion or political persuasion.
4.1 Indirect Discrimination
Indirect discrimination occurs where:
a) a requirement or condition is applied equally to everyone but a considerably smaller proportion of one gender or group than of the other persons to whom it applies can comply with it;
b) a particular individual cannot comply with the requirement;
c) it results in a detriment to them and;
d) the requirement cannot be shown to be objectively justifiable in spite of its discriminatory effect.
4.2 Harassment
Harassment creates an intimidating or unpleasant working environment that may affect career advancement and thereby constitute discrimination. It is defined as unwelcome conduct that is offensive to the recipient in that it affects their dignity, 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. A more detailed Harassment Policy is attached to this document as Annex 2.
4.3 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 Sex Discrimination Act 1975 as amended and the Race Relations Act 1976 as amended and will also breach paragraph 204 of the Code of Conduct.
5) GRIEVANCES
Anyone who considers that they have been subject to discrimination has recourse to Chambers Grievance Procedure shown in Annex 1. A similar process for anyone who feels they are subject to harassment is in place and is defined in the Harassment Policy shown in Annex 2.
6) THE SELECTION OF PUPILS AND TENANTS
It is paramount, given the nature of entry into the profession, that the selection criteria for pupillage and tenancy should be free from discrimination. Clarendon Chambers therefore undertakes that the recruitment policy towards pupils and tenants should:
• Be transparent, set out in a document which is available to all on 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 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 reflects the views of a broad spectrum of people.
The selection processes in place within Chambers are described in the following documents:
Members: Recruitment Policy (Quality Manual Appendix 8E) Pupils: Pupillage Policy (defined in the Pupillage Selection Policy) Staff: Quality Manual (Section 5: Management of Staff)
The above documents have been drawn up in accordance with the policy statements listed herein and are subject to review at least annually as part of Chambers management review process.
7) 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 pupil or tenant 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 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.
The above is in full accordance with the legislation set out in Section 2 of this Policy.
8) MATERNITY & PATERNITY LEAVE
Chambers policies for maternity and paternity leave are as follows:
Members: Defined in the Constitution; Pupils: Pupils terminating their pupillage training due to maternity leave must reapply alongside other applicants should they wish to return to Chambers; Staff: The maternity and paternity policy for employees is in accordance with the statutory requirements.
Request for special treatment in relation to maternity and paternity arrangements will be considered by the Management Committee, who at their discretion may grant or refuse such requests. To ensure consistency in such matters, decisions will be recorded in meeting minutes for reference.
9) MONITORING
In seeking to identify and eliminate sources of unintended discrimination, chambers shall monitor:
• the recruitment of applicants for pupillages (using data from OLPAS); • the allocation of unnamed work between pupils and the treatment of pupils with respect to finance overall and progression to tenancy (monitored by the Pupillage Committee); • the treatment of staff with respect to terms and conditions of employment, pay reviews, training opportunities, promotion and appraisals.
Chambers will also provide monitoring information when required by third parties (such as the Bar Council and Legal Services Commission).
The monitoring data will be analysed at least once per year as part of the annual equality review 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.
10) COMMUNICATION OF THE EQUALITY POLICY
A copy of this policy will be provided to all members, employees and pupils of Chambers. Awareness training will be provided for existing staff, members and pupils (via meetings) so that everyone is aware of the policy and related procedures, especially behaviour that is unacceptable within the working environment, the harassment policy, procedures for making complaints and assistance available.
All new personnel will receive awareness training as part of their induction training. Chambers’ commitment to Equality will also be promoted in publicised materials where appropriate such as the brochure, web-site and training materials.
ANNEX 1 : COMPLAINTS / GRIEVANCES PROCEDURE Introduction
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 that 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 • Treatment of staff in respect of personnel issues.
The Procedure
A person who thinks they are the subject of discrimination, harassment or victimisation may choose to deal with the matter in several ways as set out below.
1) Raising Concerns
Where an aggrieved person wishes to voice a concern and no more, they can approach either the Equality Officer, the nominated Grievance Officer or the person they report to for a confidential discussion. This process is intended to serve as a means of support, advice and guidance without recourse to the informal or formal procedure.
2) Informal Complaint
The second option is the lodging of an informal complaint. This can be done orally either to any of the above nominated personnel as deemed 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 purposes of seeking advice.
3) 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 whom the complaint has been lodged against. An investigation should not, save in exceptional circumstances, last longer than six weeks from the date of the complaint. Following an investigation, a panel consisting of the Head of Chambers, the Equality Officer and if relevant, the person complained to in the first instance (e.g. Senior Clerk, Pupil Supervisor or Grievance Officer) 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.
4) Appeal Process
If dissatisfied with the outcome of the investigation, the aggrieved person may instigate the appeal process. This involves taking the grievance to the appeal panel which consists of two nominated Senior Members (both over 15 years call) who will review all facts and make a final ruling.
5) External Help
Numerous organisations are available for advice and these are listed in Annex 3 to this Policy. 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 Employment Tribunal.
ANNEX 2 : HARASSMENT POLICY
Statement of Policy
Clarendon Chambers is committed to providing a working environment in which all individuals including members, pupils, mini-pupils, employees, clients and the public are treated with dignity and respect. Chambers aims to promote a working environment that is conducive to the professional growth of its members, pupils and employees and to the promotion of equality of opportunity.
Clarendon Chambers will not tolerate any form of harassment and will take all necessary steps to ensure that its members and employees are not subject to harassment. Harassment constitutes professional misconduct and is prohibited by the Bar Council’s Code of Conduct. Harassment on the grounds of sex, race or disability is unlawful under the Sex Discrimination act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995.
The Scope of the Policy
This policy applies to all members and employees of chambers, to pupils and to mini-pupils. The policy applies to:
• All premises where Chambers’ business is conducted; • All chambers’ related activities performed at any other site away from the chambers; • Any social, business or other function where conduct or comments may have an effect on chambers or relationships within chambers.
Definition of Harassment
The essence of all harassment is that it is unwelcome conduct that is offensive to the recipient. The test is a subjective one and the fact that one person may be able to ignore or deal comfortably with certain behaviour does not mean that it is acceptable if directed at another.
Chambers prohibits any behaviour which causes offence or distress to another and which is perceived by that person as relating to or arising from his or her race, religion, political belief, sex, sexual orientation or disability and which constitutes less favourable treatment on such grounds. Harassment may take a variety of forms and includes behaviour:
• Which is unwanted by the recipient and perceived as threatening • Which causes a hostile or threatening working environment • Where rejection or submission is used as a basis for decisions concerning the recipient e.g., decisions relating to the award of pupillage, appointment of tenancy, promotion or other opportunities for career development.
The following are examples of behaviour that may amount to harassment: • Rape; serious physical assault. These are criminal offences and the victim should be encouraged to report the incident to the police • Requests for sexual favours in return for career advancement • Unnecessary or avoidable physical contact • Compromising suggestions or invitations • Display of pornographic or offensive materials including on computer screens • Bullying • Exclusion from social networks and activities • Jokes or abuse or ridicule relating to a person’s sex, ethnicity, sexual orientation, religion, political persuasion or whether they have a disability.
Disciplinary action will be taken against any member or employee of chambers found to have harassed a colleague or other person in the conduct of their work.
Resolving Complaints of Harassment
Chambers is committed to providing a supportive environment in which to resolve problems of harassment, and has put in place a number of options for resolving problems. A non-adversarial approach will be adopted. A person therefore subject to harassment may, at their choosing, deal with the matter in a number of ways.
A person experiencing harassment is encouraged to raise a complaint at an early stage, preferably through the informal procedure. Raising a complaint at an early stage is more likely to result in a satisfactory resolution. If left unresolved, the harassment may escalate to the point where the situation becomes much more difficult to deal with effectively.
Any member, employee, pupil or mini-pupil in chambers has the right to bring to the attention of an appropriate person any behaviour that they consider to be contrary to the harassment policy, irrespective or whether they are the recipient of the harassment. A member, pupil or employee of chambers who witnesses behaviour that they consider contravenes the harassment policy should take immediate action to indicate that such behaviour is unacceptable as failure to do so could be interpreted as condoning such behaviour.
Voicing a concern
When an incident of harassment occurs, the recipient should communicate their disapproval and objections immediately to the harasser and request the harasser to stop. If the harassment does not stop or if the recipient is uncomfortable about addressing the harasser directly, he or she may raise the matter informally.
Where an aggrieved person merely wishes to voice their concerns, they can approach the Equality / Grievance Officer or the person they report to for 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 to any of the persons nominated for hearing grievances in the first instance. This can be done orally with any of the personnel nominated previously. 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.
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 whom the complaint has been lodged against. An investigation should not, save in exceptional circumstances, last longer than six weeks from the date of the complaint. Following an investigation, a panel (as that described in Annex 1) will determine the issue. No member of such a panel should have a conflict of interest between themselves and the complainant. If harassment has been found, remedial steps will be taken immediately. These may include any of the following:
• Formal apology • Counselling • Written warning • Change of work assignment • Report to the relevant Inn recommending the removal of pupil supervisor status • Suspension or discharge of member or employee • Referral to Professional Conduct Committee (PCC).
In addition to the sanction that may be imposed on a member, pupil or an employee by chambers as part of a complaint resolution, members of chambers who engage in harassment may be liable for damages in the event of a civil lawsuit or may face further sanctions imposed by the Bar Council’s Professional Conduct and Complaints Committee.
Appeal Process
The same appeal process as outlined in Annex 1 may be instigated by the aggrieved person should they be dissatisfied with the outcome of the formal investigation.
Standard of Proof
It should be noted that the standard or proof applied might differ according to the complaints process involved. The PCC apply the criminal standard, beyond reasonable doubt, to complaints alleging professional misconduct by a barrister. In Employment tribunals or county courts the civil standard, balance of probabilities, applies.
Victimisation
Chambers is committed to ensuring that no one who brings forward a harassment concern in good faith is subject to any form of reprisal. Any victimisation of a complainant, witness or anyone else involved in the investigation of a complaint will be viewed as a disciplinary matter. The raising of such a complaint will not have any adverse consequences for the complainant, particularly in relation to tenancy and promotion decisions.
Pupil Supervisors
Pupillage is a period of professional training and Chambers regards it as inappropriate for a sexual relationship to develop between a pupil supervisor or any other member or employee of chambers and a pupil. No member of chambers may participate in decisions concerning a pupil where they are or have been in a relationship with that pupil.
Avenues of Further Redress
In addition to the chambers’ procedures there are a number of other avenues of redress. These include:
• Raising a complaint with the relevant Inns Students’ Officer about a sponsor or pupil supervisor. The Inns’ complaints process will determine the outcome of such complaints; • Complaint to the Bar Council’s Professional Conduct and Complaints Committee where the alleged harasser is a barrister; • Take action in the county court or Employment tribunal alleging harassment as a form of unlawful direct discrimination; • Report the matter to the police where an act of harassment is a criminal offence e.g., assault, indecent assault or rape; • Through the Bar Council’s Equal Opportunities Officers / the Bar Council’s Mediation Panel members. Their role is to advise the complainant and, with his or her permission, seek to mediate between the complainant and the alleged harasser. The Panel can be approached in confidence and will aim to achieve an end to the conduct complained of without necessarily finding fault or blame and without the imposition of sanctions.
The Bar Council’s Equal Opportunities Officers are available at the Bar Council to offer advice in confidence to any recipient of harassment or to any member of chambers responding to a complaint of harassment.
Other external sources of help are detailed in Annex 3 to this Policy.
ANNEX 3 : FURTHER INFORMATION
The following organisations may assist in queries or problems:
Mr Sailesh Mehta
Society of Asian Lawyers
2 Hare Court
Temple
London EC4Y 7BE
Email: SaileshMehta@2harecourt.com
DX: 444 LONDON, CHANCERY LANE
Tel: (020) 7353 3982 /5324
Ms Gillian Dollomore
Executive Secretary
Young Bar Committee
The Bar Council
289 High Holborn
London
WC1V 7HZ
DX 240 LDE
Ms Ifath Nawaz
Association of Muslim Lawyers
PO BOX 148
High Wycombe
Bucks
HP13 5WJ
Email: Ifath@talk21.com
Tel: 01494 526 955
Mr Michel Aslangul
Secretary
Commonwealth in England Barrsiters' Association
c/o City Law School
4 Gray's Inn
London
WC1R 5DX
Mr Declan O’Dempsey
Chair of the Disability Sub Group
Cloisters
1 Pump Court
Temple
LONDON
EC4Y 7AA
Email: dod@cloisters.com
Dx: 452 London, Chancery Lane
Tel: (020) 7827 4000
Mr Damien Lochrane
Bar Lesbian and Gay Group (BLAGG)
Pump Court Chambers
Upper Ground Floor
3 Pump Court
Temple
LONDON EC4Y 7AJ
Email: dlochrane@googlemail.com
DX: 362 London, Chancery Lane
Tel: 020 7427 7109
Mr Oba Nsugbe QC
Chair, Carter Diversity Group
Pump Court Chambers
Upper Ground Floor, 3 Pump Court, Temple
London
Email: oba.nsugbe@hotmail.co.uk DX: 362 London
Tel: 020 7353 0711
Mr Peter Herbert
Society of Black Lawyers
Tooks Court Chambers
Chambers of Michael Mansfield QC
8 Warner Yard
Warner Street
London EC1R 5EY
Email: pherb5law@aol.com
DX 68 Chancery Lane
Tel: 0207 841 6100
Mr Robert Banks
Chair of the Sole Pracitioners Group
100E Great Portland Street
London W1W 6PB
DX 94252 Marleybone
Tel: +44 0207 636 6323
Ms Hanisha Patel
Chair
Association of Asian Women Lawyers
7 Bedford Row
London WC1R 4BS
Email: HPatel@7BR.co.uk
DX: 347 London
Tel: 020 7242 3555
Fax: 020 7242 2511
Ms Kim Hollis QC
Chair Association of Women Barristers
25 Bedford Row
London WC1R 4HD
DX 1043
Email: kimhollis2@msn.com
DX: 1043 Chancery Lane
Tel: 020 7067 1500
Fax: 020 7067 1507
The Bar’s Equal Opportunities Officers
The Equality and Diversity Committee
The Disability Panel
The General Council of the Bar
289-293 High Holborn
London WC1R 4DB
Email: acampbell@barcouncil.org.uk
DX: 240 LDE
Tel: 020 7242 0082
Fax: 020 7831 921
Royal Association for Disability and Rehabilitation (RADAR)
12 City Forum
250 City Road
London EC1V 8AF
Email: radar@radar.org.uk
Tel: 020 7250 3222
Fax: 020 7250 0212
Minicom: 020 7250 4119
The European Human Rights Commission (EHRC)
3 More London
Riverside Tooley Street
London SE1 2RG
Email: info@equalityhumanrights.com
Tel: 020 3117 0235 (non helpline calls only)
Helpline: 0845 604 6610
Royal National Institute for the Deaf(RNID)
Head Office
12-23 Featherstone Street
London EC1Y 8SL
Email: informationline@rnid.org.uk
Tel: 020 7296 8000
Textphone; 020 7296 8001
Fax: 020 7296 8199
Royal National Institute of Blind People (RNIB)
Head Office
105 Judd Street
London WC1H 9NE
Email: helpline@rnib.org.uk
Tel: 020 7388 1266
Fax: 020 7388 2034