Barristers are set to undertake a significant new responsibility aimed at promoting equality, diversity, and inclusion (EDI), following a regulatory overhaul by the Bar Standards Board (BSB). The BSB has proposed this new positive duty, marking a shift from the existing obligation where barristers were prohibited from unlawfully discriminating against anyone.
This change intends to foster a behavioural and cultural transformation within the profession, particularly focusing on recruitment, retention, and progression. The BSB introduced new outcomes-based general equality rules alongside the duty, obliging barristers to eradicate unlawful discrimination and actively promote equal opportunities.
Barristers are required to combat bullying, harassment, and victimisation, ensuring systems are in place to address such behaviours. Additionally, the BSB has emphasised the need for chambers to provide ‘equal access’ to their services while cultivating an inclusive environment.
Existing policies on EDI, anti-harassment, bullying, reasonable adjustments, flexible working, and parental leave are to be complemented by a policy on the allocation of unassigned work. This is part of a broader initiative to improve diversity handling and make chambers more accessible.
Part of the BSB’s proposal requires chambers to undertake ‘reasonable steps’ to annually gather, analyse, and publish diversity monitoring data, crafting specific, measurable action plans to address identified disparities. To enhance accessibility for the disabled, chambers must conduct and publish accessibility audits every five years, ensuring premises are fully accessible to disabled pupils and tenants.
The BSB intends to eliminate the existing mandate for equality and diversity officers, responding to concerns that the role disproportionately falls on junior members from minority ethnic groups, impacting their career progression. Instead, it aims to support the profession through guidance over an adaptation period of approximately one year.
Sam Townend KC, chair of the Bar Council, raised concerns regarding the ‘radical’ nature of these proposals, suggesting they could lead to unforeseen adverse effects. He noted that voluntary contributions from existing equality officers have significantly improved EDI in chambers, cautioning that regulatory changes should not undermine these achievements.
Meanwhile, Mark Neale, director general of the BSB, articulated the board’s objective to make the Bar reflective of the society it serves. Neale underscored the importance of regulation in supporting barristers to interrogate and change practices counterproductive to diversity and inclusion.
As the Bar Standards Board pushes these bold changes, the legal profession stands at a crossroads that could redefine its approach to equality, diversity, and inclusion. This initiative, though ambitious, demands careful implementation to avoid potential pitfalls while striving for inclusivity and representation.
