Equality & Diversity

Introduction

“Equality” refers to equality between individuals (Equality Act 2010). “Diversity” refers to the fact that individuals are different.

This policy has been developed in response to the broad range of legislation covering equality and diversity issues in the workplace, the duties that are placed upon employers and best practice guidelines.

At 5 St Andrew’s Hill (“5SAH”) we are committed to providing a working environment that is free from discrimination and where every member, pupil and employee feel valued and has a fair and equitable quality of life. As such, the purpose of this policy is to:

• Declare the commitment of Chambers to the practical application and promotion of principles of equal opportunities and diversity; and
• Communicate that commitment to 5SAH members, employees, pupils and service users.

This policy is directed towards:

• Members (including Door Tenants and Associate Members)
• Applicants for membership (tenancy) and for employment
• Pupils
• Mini pupils and Students on work experience
• Employees
• Clients (both lay and professional)
• Other service users.

What this policy covers

Chambers recognises the benefits of a diverse workforce and is committed to providing a working environment that is free from discrimination, where every member, pupil and employee feels valued and has a fair and equitable quality of life.

Chambers will seek to promote the principles of equality and diversity in all its dealings with members, pupils and employees, workers, job applicants, clients, suppliers,  contractors, recruitment agencies and the public.  All members, pupils, and employees and those who act on the Chambers’ behalf are required to adhere to this policy when undertaking their duties or when representing Chambers in any other guise.

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.

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 upon which this Chambers can draw and enhance the service provided to clients.

rC110(3)(i) of the Bar Standards Board Handbook requires that the affairs of Chambers are conducted in a manner which is fair and equitable to all members of Chambers, pupils and/or employees. This includes, but is not limited to, the fair distribution of work opportunities amongst pupils and members of Chambers.

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, sexual orientation or gender identification.
• 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.

Under this Policy, 5SAH will not at any time 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
• Sexual orientation
• Gender identification

Anti-Discrimination & Diversity Policy

5SAH evidences its commitment to equality and diversity through its diverse ethnic and

social backgrounds of members, staff and clients (both lay and professional). All job applicants, employees, members, barristers and clients (both lay and professional) receive equal treatment regardless of race, colour, ethnic or national origins, sex, marital

status, sexual orientation, gender identification, disability or age.

All members of Chambers, pupils and employees 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, gender identification or 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.

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; and
• 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, Chambers have an E&D Committee and the Chambers Director, who has day-to-day responsibility for the effective implementation of the policy.

Gemma Lindfield is 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 tenancy, pupillage and employment are attracted from all genders, races and disabilities regardless of age, sexual orientation, gender identification, religion or belief, and ensures that it adheres to equal opportunities in all stages of the recruitment process.

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, gender identification, disability, or age and is based solely on merit.

Clients

Chambers is at liberty to decide whether to accept instructions from any particular client (subject to the cab rank rule) however, any refusal to act will not be based upon the age, race, colour, ethnicity, gender, disability, sexual orientation, gender identification or religious 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.

However, in accordance with section 47(6) of the Equality Act 2010 it is unlawful for any person instructing a barrister to discriminate against them. This includes clients, clerks, and solicitors. In addition, the Solicitors Regulation Authority Handbook 2011 prohibits solicitors from discriminating unlawfully against any person in the course of their professional dealings. Such dealings will include the instruction of barristers.

Chambers is committed to ensuring that all work is distributed to members and pupils fairly and that no requests that are discriminatory will be accepted.

Chambers will also take appropriate steps, through training, communication, and reinforcement of this policy together with the Code of Conduct of the Bar of England and Wales, to ensure that all of its employment practices are carried out in a fair and equitable way and free from bias.

Complaints of discrimination

Chambers will treat seriously all complaints of discrimination made by members, pupils, mini-pupils, employees, clients, customers, suppliers, contractors or other third parties and will take action where appropriate.

If a member, pupil, mini-pupil, employee or applicant believes that they have been discriminated against, have witnessed discrimination or have been asked to carry out a task that they believe to be discriminatory, they are encouraged to raise the matter as soon as possible with the Chambers Director, a member of the Management Committee or the Equality and Diversity Committee.

Allegations regarding potential breaches of this policy will be treated in confidence and investigated thoroughly. If a member, pupil, mini-pupil or employee makes an allegation of discrimination, Chambers is committed to ensuring that they are protected from victimisation, harassment or less favourable treatment. Any such incidents will be dealt with under Chambers’ Disciplinary Policies.

Investigating accusations of unlawful discrimination

If a member, pupil, mini-pupil or employee is accused of unlawful discrimination, chambers  investigate the matter fully in line with the procedure outlined in the Disciplinary Policy. If the investigation and subsequent disciplinary hearing concludes that the reported actions amount to unlawful discrimination, the individual concerned will be subject to disciplinary action, up to and including dismissal without notice for gross misconduct for an employee (or pupil) or expulsion under the Chambers Constitution for a Member. Any such actions would also be treated as Professional Misconduct under the Code of Conduct of the Bar of England and Wales.

Chambers Responsibilities

Chambers Management Committee is responsible for ensuring that actions and decisions taken are consistent with this policy and for ensuring that it’s Constitution, employment and operational policies are inclusive of legislative requirements.

The Chambers Director is responsible for ensuring that all members and employees are informed about their rights and responsibilities under the policy.

The Head of Chambers is responsible for dealing with any allegation of discrimination, bullying or harassment as a very serious matter and for taking appropriate action in accordance with Chambers Complaints and Grievance Policy.

Diversity Data 2023

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 February 2023. The data will be updated after our next collection in 2025.

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 KCs, Pupils and Staff). The publication of the diversity data of the KC, Pupil and Staff categories are omitted from this publication due to the “Less than 10 rule”. 

Gender (All Workforce)
Male	33
Female	32
Prefer not to say	<10

Age (All Workforce)
16 - 24	<10
25 - 34	18
35 - 44	16
45 - 54	13
55 - 64	13
65+	<10
Prefer not to say	<10

Disability (All Workforce)
Yes	<10
No	59
Prefer not to say	<10

Ethnic Group (All Workforce)
White and Black Caribbean	<10
Black African	<10
British/English/Welsh/N. Irish/Scottish	53
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	24
No	34
Prefer not to say	<10
Did you mainly attend a state or fee paying school between the ages of 11 - 18?
UK State School	42
UK Independent/Fee paying school	20
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	18
No	47
Prefer not to say	<10
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	<10
Yes 20-49 hours per week	<10
Yes 50 or more hours per week	<10
No	56
Prefer not to say	<10