Pattern

Equality and Diversity Policy

All personnel must be aware of the firm’s policy in relation to discrimination, equality and diversity. The policy deals with all professional dealings by personnel with clients, other solicitors, barristers and third parties and so covers:

  • accepting instructions from clients;
  • the provision of services to clients;
  • the delivery of service;
  • employment and partnership, recruitment and selection, training and conditions of service and promotions within
    the practice;
  • training of all personnel on compliance with equality and diversity requirements;
  • the person responsible for the policy;
  • the instruction of counsel and experts in all professional dealings
  • dealings with those representing others;
  • interaction with everyone involved in or incidental to the provision of services by the firm;
  • a policy to monitor diversity
  • a procedure for the annual review of the policy to verify it is in effective operations across the practice.

The policy also extends to the recruitment, training and promotion of people within the practice. In connection with both aspects, it is the case that all personnel must comply not only with the professional requirements of the Solicitors Regulatory Authority, but also with the law of the land.

1.Protected Characteristics

The firm’s policy covers discrimination on the grounds of what the current law collectively terms ‘protected characteristics.’ The protected characteristics under the law are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and Civil Partnership
  • Pregnancy and maternity
  • Race
  • Religion or Belief
  • Sex
  • Sexual orientation

2.Forms of discrimination

The types of action that are against the firm’s policy are:

  • Direct Discrimination
  • Indirect discrimination
  • Discrimination arising from disability
  • Harassment
  • Victimisation

2.1 Direct discrimination

This occurs when someone is treated less favourably than another person because:

  • They have a protected characteristic,
  • They are thought to have a protected characteristic or
  • They associate with someone who has a protected characteristic.

2.2 Indirect discrimination

This occurs when a policy or practice that applies to everyone, particularly disadvantages people who share a protected characteristic.

Indirect discrimination applies to age, religion or belief, sex, sexual orientation and marriage and civil partnership, disability and gender re-assignment.

Indirect discrimination can only be justified where it can be shown that the policy or practice is a proportionate means of achieving a legitimate aim.

2.3 Discrimination arising from disability

A person discriminates against a disabled person if he/she treats them unfavourably because of something arising in consequence to their disability, and this treatment cannot be justified as a proportionate means
of achieving a legitimate aim.

If while acting as either an employer or service provider you do not know and could not reasonably have been expected to know of the disabled person’s disability, then the unfavourable treatment will not amount
to discrimination. However, you must do all you can reasonably be expected to do to find out if a person has a disability.

The Equality Act 2010 (“the Act”) consolidates and extends existing duties upon employers and suppliers of goods and services from the Disability Discrimination Act 1995 to make reasonable adjustments for disabled persons.

Note however the three-fold duty to make reasonable adjustments for disabled persons:
a) Where a provision, criterion or practice puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, the person to whom the duty applies must take reasonable steps to avoid the disadvantage.
b) Where a physical feature puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled, the person to whom the duty applies must take reasonable steps to avoid the disadvantage.
c) Where a disabled person would, but for the provision of an auxiliary aid, be at a substantial disadvantage in comparison with persons who are not disabled, the person to whom the duty applies must take reasonable steps to provide the auxiliary aid.

Note also that in relation to requirements where the provision, criterion or practice in question, or the auxiliary aid required relates to the provision of information, ‘reasonable steps’ should be taken, including making sure that the information is in an accessible format.

2.4 Harassment

This is defined under the law as ‘unwanted conduct related to a relevant characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.

Harassment applies to all protected characteristics except for pregnancy and maternity, and marriage and civil partnership.

The Law specifically prohibits three types of harassment:
a) Harassment related to a ‘relevant protected characteristic’
b) Sexual harassment; and
c) Less favourable treatment of service user because they submit to or reject sexual harassment related to sex or gender reassignment.

For harassment related characteristic, ‘related to’ includes where the employee or client being harassed has a protected characteristic or where they are perceived wrongly as having a particular characteristic.

It should be noted that employers may also be found liable for harassment by third parties who are not employees (e.g. clients or contractors). This has been extended to cover age, disability, gender reassignment, race, religion or belief and sexual orientation.

The following must be shown for liability to be established:
a) the prohibited conduct has occurred with your knowledge on at least two occasions, and
b) you have not taken reasonable steps to prevent it.

A statutory defence is available to employers and Partners (as service providers) who can avoid liability for harassment carried out by their employees or agents if they take all reasonable steps to prevent harassment occurring.

2.5 Victimisation

This occurs when an employer or service provider subjects a person to a detriment because the person has carried out (or you believe they have or may carry out) what is referred to as a ‘protected act’. A protected act is any of the following:
a) Bringing proceedings under the Act
b) Giving evidence or information in proceedings of the Act;
c) Doing anything which is related to the provisions of the Act;
d) Making an allegation that another person has done something in breach of the Act.

It can be reasonably inferred that if an action has the effect of putting a person at a disadvantage or if it makes their position worse, such treatment will amount to a detriment.

3.Policy statement

The firm is committed to avoiding discrimination in its dealings with clients, partners, employees and all other third parties that have dealings with the firm. It is committed to promoting diversity in its professional activities.

Everyone at the firm is expected and required to treat all others equally and with the same attention, courtesy and respect regardless of their:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and Civil Partnership
  • Pregnancy and maternity
  • Race
  • Religion or Belief
  • Sex
  • Sexual orientation

In addition, the firm will ensure that nobody with whom it has dealings will suffer any substantial disadvantage through any disability that they might have. The firm is committed to making reasonable adjustments for those with a disability in relation to job opportunities, promotions and training within the firm and the provision of services to clients. For further guidance please refer to the Policy for Dealing with Vulnerable Clients.

All the areas of discrimination identified above are collectively referred to as ‘the above grounds’ or ‘protected characteristics’ in the rest of this section.

4. Enforcement

Everyone should be aware that any breach of the policy is a potential major risk to the practice. The firm does not carry insurance against the consequences of any illegal breach and claims in this regard are also likely to involve the firm in significant commitments of managerial time. Further, a breach may be a serious professional offence, and liability may attach not only to the individual(s) concerned, but to also the partner of the firm. For that reason, any breach is likely to be regarded as a serious disciplinary offence. If anyone is concerned that a breach of this policy may be occurring or has a complaint that they have been the victim of a breach, they should immediately report this to the Managing Partners.

5. Training

The Partners are committed to providing staff with the relevant training about this policy.

6. Planning

For its part, the management of the firm has considered all aspects of its operations to ensure compliance with the professional rules. Any developments of the firm’s strategic and business planning, or changes in this manual, will similarly be examined in order to ensure that no inadvertent breach of the firm’s policy occurs.

7. Clients

The firm is generally free to decide whether to accept instructions from any particular client, but any refusal to act will not be based on any of the above grounds (protected characteristics) and care must also be taken to avoid there being any perception that they apply.

8. Barristers and other experts

Barristers and experts should be instructed on the basis of their skills, experience and ability. The firm will not discriminate in the instruction of barristers and /or experts on any of the above grounds. A client’s request for a named barrister or expert should be complied with, subject to the firm’s duty to discuss with the client the suitability of the barristers or experts and to advise appropriately. The firm has a duty to discuss on any of the above grounds. The firm will endeavour to persuade the client to modify instructions that appear to be given on discriminatory grounds. Should the client refuse to modify such instructions, the firm will cease to act unless the preference can be justified under the permitted statutory exceptions referred to as ‘genuine occupational requirements’ or ‘genuine occupational qualifications’.

9. Employment, training, promotion and partnership opportunities

The firm is committed to providing equal opportunities in employment. This means that all job applicants; employees and potential partners will receive equal treatment in relation to the above grounds. It makes good business sense for the firm to ensure that it’s most important resource- its staff – is used in a fair and effective
way.

The firm will also comply with the law and the professional requirements in relation to its Partners and prospective partners. Thus, where appropriate, the existing Partners will not discriminate on any of the above grounds in the arrangements made for the purpose of determining whether or to whom partnership should be offered, the terms on which any partnership is affected, or by refusing to offer, or deliberately not offering partnership to a given person. Nor shall the Partners discriminate in any way in relation to the provision of benefits to any potential partner, or in relation to any matter relating to the expulsion of any partner or any detriment to be suffered by him/her. Nothing in this paragraph restricts the rights of the Partners to decide whether to offer partnership and thereby change the ownership structure and legal structure of the firm or not.

10. Positive action

Although it is unlawful to discriminate in favour of certain groups on the grounds of race or sex, positive action (not positive discrimination which is something quite different and illegal) to enable greater representation of under-represented groups is permitted by law and the appropriateness of such action will be kept under review.

11. Recruitment agencies

The practice will take steps to ensure that applications are attracted from people without regard to the above grounds (protected characteristics) and will ensure that there are equal opportunities in all stages of the recruitment process. If recruitment to the firm is mainly achieved through a small number of agencies (as is the case with most firms), steps will be taken to ensure that these agencies support the firm’s general approach to the subject.

12. Monitoring and review

To judge its effectiveness, the firm will monitor this policy periodically. The firm has appointed the Risk Manager to be responsible for the operation of the policy. In particular, the firm will monitor the ethnic and gender composition of existing staff and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, using a regularly updated database and where appropriate also using equality questionnaires and will review its equal opportunities policy in accordance with the result shown by the monitoring.

If changes are required, the firm will implement them. Any developments of the firm’s strategic and business plans, or changes in this manual, will similarly be examined in order to ensure that no inadvertent breach of the
policy occurs.

The policy will be reviewed at least once a year to verify it is in effective operation across the practice.