Bar Standards Board proposes new diversity and inclusion duty

The Bar Standards Board (BSB) has proposed new equality rules in a consultation document to provide equal opportunities for all barrister and aspiring barristers. The primary suggested change is an amendment to core duty eight, which currently states that barristers “must not discriminate unlawfully against any person”. The BSB seeks to replace this with barristers “ must act in a way that advances equality, diversity and inclusion”. 

According to the consultation document the  “current core duty requires barristers not to ‘discriminate unlawfully’. However, in order to achieve the culture change needed, we believe the duty needs to go further”. The change would bring regulation in line with the wording of the Solicitors Regulation Authority principles, which requires solicitors to “act in a way that encourages equality, diversity and inclusion”.

In addition to the core duty change, the BSB has suggested other new rules that would require barristers to:

• eliminate unlawful discrimination and advance equality of opportunity, particularly in relation to recruitment, retention and progression;
• prevent bullying, harassment and victimisation, and have systems in place to respond to such behaviour;
• ensure equal access to their services; and
• promote an inclusive culture.

The BSB also proposes compulsory policies to enable grievances to be raised. The body suggested the following policies:

• equality, diversity and inclusion (EDI) policy;
• anti-harassment and bullying policy;
• reasonable adjustment policy;
• flexible working policy;
• parental leave policy; and
• allocation of unassigned work policy.

BSB director general Mark Neale said that the organisation wants to ensure the Bar is inclusive and represents the society it serves. He explained: “Regulation alone cannot achieve that, but regulation can help by supporting barristers to challenge practices which work against diversity and inclusion.”

Bar Council Chair Sam Townend KC emphasised that proposals must be “compliant with the law and have adequately considered enforceability, otherwise important provisions to improve EDI could be meaningless”.

Townend added: “Much of the progress made on EDI in chambers is thanks to the voluntary work of [equality and diversity officers] and we are keen to make sure that any regulatory changes do not undermine that work. Radical change is certainly disruptive and may have unintended detrimental consequences.”

The consultation is open until 29 November.