Equality and Diversity Policy

Statement of Policy

The aims of 5 St Andrew’s Hill Equality and Diversity policy are to:

  • Declare the commitment of chambers to the practical application and promotion of principles of equal opportunities and diversity.
  • Communicate that commitment to 5 St Andrew’s Hill members employees, other workers, service users and the public at large.

Introduction

It is essential to a modern, multicultural society that its justice system should reflect the social, gender-based, racial, cultural and other diversity of the society it serves. 5SAH seeks to positively promote and uphold this diversity.

The principles of non-discrimination and equality of opportunity apply to all staff, members of Chambers, applicants, visitors, clients, suppliers and former staff members.

Avoiding discrimination in any form of business should be seen as a key objective and a reflection of its core values. Promoting diversity should ensure a wider pool of talent on which the set can draw and enhance the service provided to clients.

Equality legislation, principally the Equality Act 2010, is designed to promote fairness including in relation to employment, promotion and the provision of services.

Under this Policy, 5SAH will avoid discrimination on the grounds of:

  • Age
  • Disability
  • Marital or civil partnership status
  • Pregnancy or maternity
  • Race, colour, nationality, ethnic or national origins
  • Religion or belief
  • Sex,
  • and Sexual orientation.

Anti-Discrimination & Diversity Policy

5 St Andrew’s Hill is committed to providing equal opportunities and promoting diversity. This is evidenced by the diverse ethnic and social backgrounds of members, staff and clients (lay and professional). All job applicants, employees, members, other barristers and clients (lay and professional) receive equal treatment regardless of race, colour, ethnic or national origins, sex, marital status, sexual orientation, disability or age.

It is unlawful to discriminate against individuals either directly or indirectly in respect of their age, race, gender, sexual orientation, disability or marital status. Relevant legislation is incorporated into this policy by reference.

All members of Chambers, pupils and staff, in their professional dealings with any other parties:

Must not at any time discriminate against any person, directly or indirectly, nor victimise or harass them on grounds of their sex (including their marital status), race or racial group, ethnic or national origins, colour, nationality political, persuasion, religion or belief sexual orientation age, and

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

Chambers is committed to implementing the relevant legislation within the Bar Standards Board handbook Equality Rules.

Forms of Discrimination under the Equality Act 2010

Forms of discrimination include:

Direct discrimination, where a person is less favourably treated because of race, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation.

Indirect discrimination, where a requirement or condition which cannot be justified is applied equally to all groups but has a disproportionately adverse effect on one particular group.

Victimisation, where someone is treated less favourably than others because he or she has taken action or given information about discrimination or harassment or supported someone else’s complaint.

Scope of the policy

This policy applies to:

  • Members
  • Employees
  • Applicants for membership and for employment
  • Trainees
  • Students on work experience
  • Clients (lay and professional) and other service users.

Equality Commitments

5SAH is committed to:

  • Promoting equality of opportunity for all persons
  • Promoting a good and harmonious working environment in which all persons are treated with respect
  • Preventing occurrences of unlawful direct discrimination, indirect discrimination, harassment and victimisation
  • Fulfilling all equality and diversity obligations under the Equality Act 2010 and associated codes of practice
  • Fulfilling all equality and diversity obligations imposed by the Bar Standards Board
  • Complying with this policy

Implementation and Responsibility

The Management Committee is responsible for ensuring compliance with the Chambers Equal Opportunities Policy. To assist in this, two members of chambers have been appointed as the Equal Opportunities Officers (Kevin Dent QC and Gemma Lindfield, both contactable on diversity@5sah.co.uk ) and to assist the Chambers Director, who has day-to-day responsibility for the effective implementation of the policy.

The chambers Diversity Data Officer, responsible for collecting and publishing diversity data (also contactable at diversity@5sah.co.uk).

Recruitment & Promotion

Chambers takes steps to ensure that applications for tenants, pupils and staff are attracted from both sexes and all races and from people with disabilities, and regardless of age, sexual orientation or religion or belief, and ensures that there are equal opportunities in all stages of the recruitment process.

All advertisements relating to recruitment refer to Chamber’s commitment to equal opportunities and the selection procedures adopted by Chambers are geared towards promoting equal opportunities.

Recruitment procedures for pupils and tenants are described in the Chambers Quality Mark Manual.

Promotion within Chambers is made without regard to age, race, colour, ethnic or national origins, sex, marital status, sexual orientation, disability or age and is based solely on merit.

Clients

Chambers is generally free to decide whether to accept instructions from any particular client (subject to the cab rank rule), but any refusal to act will not be based upon the age, race, colour, ethnic or national origins, sex, creed, disability, sexual orientation or religion or belief of the prospective client.

Clients’ request for a named barrister will be complied with, subject to Chambers’ duty to discuss with the client the suitability of the barrister and to advise appropriately.

Chambers has a duty to discuss with the client any request by the client that only a barrister of a particular racial or social group or gender be instructed. Chambers will endeavour to persuade the client to modify instructions which appear to be given on discriminatory grounds.

Allocation of Work

The allocation of work received in Chambers and the distribution of work between members of Chambers and pupils is conducted in such a manner as to ensure that all members and pupils are treated fairly and given equal opportunity to develop their practices.

Diversity Data 2020

In accordance with the Bar Standards Board Handbook Equality Rules, below is a summary of the diversity data for 5 St Andrew’s Hill. This data reflects our workforce in September 2020. The data will be updated after our next collection in September 2022.

The data was collected by way of a survey which included all of the questions in the prescribed model questionnaire as required under the Bar Standards Board Handbook Equality Rules.

Please note the following:

  • 80% of Chambers workforce completed the survey and consented to their data being processed and published.
  • The Diversity Data Officer is under a duty to exclude diversity data in relation to any characteristic where there is a real risk that individuals could be identified unless all affected individuals consent. The general rule is that the risk of identification is considered more likely where the number of individuals with any particular characteristic within any category is less than 10. This is called the “Less than 10 rule” The data that has been omitted from this publication due to the Less than 10 rule is represented as “<10”.
  • Data in respect of sexual orientation and religious belief has been omitted from this publication.
  • The data is divided into the following categories: All workforce and All Tenants (excluding QCs, Pupils and Staff). The publication of the diversity data of the QC, Pupil and Staff categories are omitted from this publication due to the “Less than 10 rule”. 
Gender (All Workforce)
Male 37
Female 24
Prefer not to say <10
Age (All Workforce)
16 - 24 <10
25 - 34 13
35 - 44 14
45 - 54 19
55 - 64 11
65+ <10
Prefer not to say <10
Disability (All Workforce)
Yes <10
No 56
Prefer not to say <10
Ethnic Group (All Workforce)
White and Black Caribbean <10
Black African <10
British/English/Welsh/N. Irish/Scottish 52
White Irish <10
Other White <10
Prefer not to say <10
Socio-Economic Background (All Workforce)
If you went to university (to study a BA, BSc course or higher, were you part of the first generation of your family to do so?  
Yes 26
No 37
Prefer not to say <10
Did you mainly attend a state or fee paying school between the ages of 11 - 18?  
UK State School 30
UK Independent/Fee paying school 34
Attended school outside of UK <10
Prefer not to say  <10
Caring Responsibilities (All Workforce)
Are you primary carer for child/children under 18?  
Yes 13
No 35
Prefer not to say 16
Do you look after, or give any help or support to family members, friends, neighbours or others because of either:– Long-term physical or mental ill-health / disability– Problems related to old age (Do not count anything you do as part of your paid employment)?  
Yes 1-19 hours per week 14
Yes 20-49 hours per week <10
Yes 50 or more hours per week <10
No 33
Prefer not to say 16
Gender (Tenants – excluding QCs, Pupils and Staff)
Male 33
Female 22
Prefer not to say <10
Age (Tenants – excluding QCs, Pupils and Staff)
16 - 24 <10
25 - 34 11
35 - 44 12
45 - 54 16
55 - 64 11
65+ <10
Prefer not to say <10
Disability (Tenants – excluding QCs, Pupils and Staff)
Yes <10
No 49
Prefer not to say <10
Ethnic Group (Tenants – excluding QCs, Pupils and Staff)
White and Black Caribbean <10
Black African <10
British/English/Welsh/N. Irish/Scottish  45
White Irish <10
Other white <10
Prefer not to say <10
Socio-Economic Background (Tenants – excluding QCs, Pupils and Staff)
If you went to university (to study a BA, BSc course or higher, were you part of the first generation of your family to do so?  
Yes 24
No 31
Prefer not to say <10
Did you mainly attend a state or fee paying school between the ages of 11 - 18?  
UK State School 23
UK Independent/Fee paying school 32
Attended school outside of UK <10
Prefer not to say  <10
Caring Responsibilities (Tenants – excluding QCs, Pupils and Staff)
Are you primary carer for child/children under 18?  
Yes 29
No 12
Prefer not to say 15
Do you look after, or give any help or support to family members, friends, neighbours or others because of either:– Long-term physical or mental ill-health / disability– Problems related to old age (Do not count anything you do as part of your paid employment)?  
Yes 1-19 hours per week 11
Yes 20-49 hours per week <10
Yes 50 or more hours per week <10
No 29
Prefer not to say 15