Equality, Diversity and Inclusion Policy (May23)

This policy does not affect or form part of the contractual relationship between the firm and any of its staff or directors.

Introduction

We have duties under the Equality Act 2010 (“Equality Act”) as both a service provider and as an employer. Our professional rules also impose equality and diversity obligations on us as set out in the SRA Standards and Regulations. Therefore, it is important that we are all aware of these duties and comply with them.

Purpose

This policy aims to inform us all (and any other person(s) to whom this policy applies) of our duties in promoting equality and diversity towards our colleagues, clients and relevant third parties, in accordance with the Equality Act and our professional obligations.

Scope

This policy applies to us all, including managers, consultants and any third-party to whom it has been communicated.

Responsibility

Nicola Robinson (Director) is responsible for this policy, promoting equality, diversity and inclusion across our firm and dealing with any issues that arise and for monitoring its effectiveness. Ultimate responsibility for this policy rests with the directors of the firm.

We and any third party to whom this policy applies are responsible for ensuring that we adhere to it. Failure to do so may result in disciplinary action and any serious breach of the policy may amount to gross misconduct.

Policy statement

We, as a firm, are committed to preventing discrimination and harassment and to promoting equality, diversity and inclusion and eliminating unlawful discrimination in our workplace, in all of our interactions on a daily basis. The aim is for our firm to be representative of all sections of society and our client base, and for each employee to feel respected, valued and recognised for their contributions and individual differences.

We are all expected and legally required to treat everyone equally and with the same attention, courtesy and respect regardless of any protected characteristics.

We will also ensure (as far as is reasonable) that adjustments will be made for anyone with a disability.

We must all be aware of this policy in relation to all of the above acts and understand that it covers all professional dealings with clients, other solicitors, barristers and other third parties, and covers:

• accepting instructions from clients;
• using experts and counsel;
• the provision of services to clients;
• dealings with those representing others; and
• interaction with everyone involved in or incidental to the provision of services by the firm.

This policy also covers any recruitment, training and promotion of personnel within the firm.

Solicitor Regulation Authority (“SRA”) Standards and Regulations

The SRA strongly promotes and emphasises the importance of equality and diversity in the legal profession. This is reflected in Principle 6 which requires that you act “in a way that encourages equality, diversity and inclusion.”

Further, paragraph 1.1 of both the SRA Code of Conduct for Solicitors and Code of Conduct for Firms states “You do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services.”

The SRA also requires regulated firms such as ours to bi-annually collect, report and publish data about the diversity of their workforce.

The meaning of equality and diversity

Equality is about ensuring that all individuals and groups of individuals are treated fairly, equally and no less favourably than anyone else.

Diversity is about recognising, respecting, and valuing individual differences by promoting an inclusive culture.

The benefits of a more diverse and equal culture at work

These extend beyond compliance with legal and regulatory requirements. We live in a diverse society and reflecting that in the workplace helps to enhance the firm’s reputation with clients, potential clients and third parties. From an internal perspective, having a diverse and inclusive culture allows for a larger pool of insights, perspectives and experiences and helps staff to feel more motivated and valued.

The Equality Act

The Equality Act (‘the Act’) provides a legislative framework to protect the rights of individuals and advance equality of opportunity for everybody.

Protected characteristics

We must not unlawfully discriminate because of the nine protected characteristics under the Act, which are:

• age;
• disability;
• gender reassignment;
• marriage and civil partnership;
• pregnancy and maternity;
• race (including colour, nationality, and ethnic or national origin);
• religion or belief;
• sex; or
• sexual orientation.

Unlawful behaviour

The Equality Act sets out the following types of unlawful behaviour:

Direct discrimination

This occurs when someone is treated less favourably than another person because of a protected characteristic, such as sex or race.

There are separate rules regarding discrimination against a woman on the grounds of pregnancy or maternity (see s.18 of the Act for further details).

Indirect discrimination

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

Indirect discrimination applies to age, race, religion or belief, sex, sexual orientation, marriage and civil partnership, disability and gender re-assignment but does not apply to pregnancy or maternity.

Note there are some exceptions when indirect discrimination may be justified, namely if the practice, policy or procedure is a proportionate means of achieving a legitimate aim and there is a good business reason to discriminate.

Other forms of discrimination

The Equality Act introduces two new forms of discrimination which apply to all the protected characteristics except marriage and civil partnerships:

• Discrimination by perception – where a person is thought to have a protected characteristic, even though they do not and are treated less favourably as a result.
• Discrimination by association – where a person is discriminated against because they associate with another person who has a protected characteristic.

 Discrimination arising from disability

This occurs if a person is treated less favourably because of something arising in consequence of their disability and this treatment cannot be justified as a proportionate means of achieving a legitimate aim.

However, if as a service provider or employer, we did not know and could not reasonably have been expected to know that the person had a disability, then the unfavourable treatment will not amount to discrimination.

Bullying

This can be described as unwanted behaviour from a person or group that is either:

• offensive, intimidating, malicious or insulting or
• an abuse/misuse of power that undermines, humiliates, or causes physical or emotional harm.

Bullying can be a regular pattern of behaviour or a one-off incident. It may happen face-to-face, on social media, in emails or on telephone calls. It can happen at work or in other work-related situations and it might not always be obvious or noticed by others.

Bullying itself is not against the law, whereas harassment is (see the next section). There is some crossover between the two in terms of them both being unwanted behaviours that make someone feel intimidated or offended, therefore it is important to be aware of and be able to identify both types of behaviour.

Harassment

The following forms of harassment are prohibited by the Act:

Harassment related to a protected characteristic.

This is defined as bullying or unwanted conduct related to a relevant protected 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.

This form of harassment applies to all protected characteristics except for pregnancy and maternity and marriage and civil partnership.

The behaviour can consist of spoken comments such as jokes, written content including e-mails and social media posts, visual images and physical gestures.

Sexual harassment

This consists of unwanted behaviour which is of a sexual nature, and which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.

Examples of sexual harassment include:

• Sexual advances and propositions
• Inappropriate comments about a person’s appearance
• Unwanted physical contact
• Subjecting someone to sexually explicit jokes or images
• Asking intrusive questions about a person’s sex life

Sexual harassment may amount to both an employment rights matter and a criminal matter, such as sexual assault allegations and physical threats which will be reported to the police. In addition, harassment under the Protection from Harassment Act 1997, which is not limited to circumstances where harassment relates to a protected characteristic, is a criminal offence.

Less favourable treatment for rejecting or submitting to unwanted conduct

This type of harassment involves treating someone less favourably because they have either rejected or submitted to sexual harassment, or harassment related to sex or gender reassignment.

Third Party Harassment

You must report any harassment that you suffer from third parties, i.e., clients or contractors to Nicola Robinson (Director) to allow us to assist in stopping such conduct. We cannot help if we do not know.

The firm can be liable for harassment of its employees by people who are not employees such as clients, if it has not taken reasonable steps to prevent such harassment recurring when it was aware of previous occurrences

Victimisation

This occurs when an employer or service provider subjects a person to detriment because the person has carried out (or you believe that they have carried out) a ‘protected act’.

A protected act is:

• bringing proceedings under the Act;
• giving evidence or information in proceedings brought under the Act;
• doing anything which is related to the provisions of the Act;
• making an allegation that another person has done something in breach of the Act.

Detriment means putting a person at a disadvantage or making their position worse.

Individuals and not groups can only bring claims for victimisation and the victim does not need to have a protected characteristic in order to be protected for victimisation under the Act.

Complaints of unlawful discrimination, bullying, harassment and victimisation

We take seriously any complaints related to the above by fellow employees, clients, suppliers, visitors, the public and any others in the course of the firm’s work activities.

Such acts will be dealt with as misconduct under the firm’s grievance and/or disciplinary procedures and appropriate action will be taken. Particularly serious complaints could amount gross misconduct and lead to dismissal without notice.

Reasonable adjustments

Wherever possible, we will endeavour to make any reasonable adjustments needed in order to provide/continue to provide employment, service or have professional dealings with third parties such as counsel or experts.

If a client, employee or third party has any needs which aren’t currently provided for to enable them to access our services, carry out employment or deal with us generally, this should be reported to Nicola Robinson (Director), who will consider whether there are any reasonable adjustments that can be made to meet that need.

Recruitment, selection and progression

Employees and partners who are involved in recruitment are required to encourage equality of opportunity, respect for diversity and an inclusive attitude. The firm will treat all job applicants fairly and will not discriminate unlawfully against them.

We require all recruiting managers to undergo training on unconscious bias and to take proactive steps to reduce the likelihood of it taking place, with the aim of ensuring that fair, objective and consistent criteria are applied when shortlisting, interviewing, testing and recruiting applicants. Employment opportunities will be open to all on equal terms irrespective of the personal, family, business or other connections of any applicant. The firm will make reasonable adjustments to help applicants overcome disadvantages due to disability.

All employees will be required to undergo regular training about equality and diversity.

Monitoring, evaluation and updating

The operation of this policy will be monitored and reviewed on an annual basis in a manner proportionate to the size and nature of the firm. This will include consultation with employees to assess how well the policy is working in practice and considering and taking action to address any issues.

In particular, the firm will collect and report about the diversity of its workforce bi-annually in a form and manner prescribed from time to time by the SRA. In line with data protection legislation, due to the size of our firm we will not publish the data on our website as individuals may be easily recognised.

Our disciplinary and grievance procedures

Details of the firm’s grievance and disciplinary policies and procedures are located in our People Management Procedures document. This includes with whom an employee should raise a grievance.

Use of the firm’s grievance or disciplinary procedures does not affect an employee’s right to make a claim to an employment tribunal within three months of the alleged discrimination.

Barristers, experts and consultants

A client’s request for a named barrister or expert should be complied with, subject to our duty to discuss with the client the suitability of the barrister or expert and to advise appropriately. If it appears that a client’s instructions are given on discriminatory grounds, then the matter must be reported to Nicola Robinson (Director) without delay. You should endeavour to persuade the client to modify such instructions but if they refuse and the preference cannot be justified under genuine occupation requirements or genuine occupation qualifications, as covered by the Act, then we will cease to act for the client as aiding an unlawful act is prohibited.

Training

We require all managers and employees to undergo training about their rights and responsibilities under this policy and their role in shaping our workplace culture. This includes helping the firm provide equal opportunities in employment and preventing bullying, harassment, victimisation, and unlawful discrimination.

We will arrange periodic equality and diversity (and unconscious bias) training, which covers these areas. This policy will also form part of our induction programme for new staff.

Complaints and disciplinary issues

All allegations of discrimination and harassment will be dealt with seriously, confidentially and quickly. We will not ignore or treat lightly grievances or complaints made by you, a client or external service provider.

For less serious and isolated instances of misconduct you may prefer to raise the matter informally with your manager. You may initiate a formal grievance procedure instead or after an informal complaint does not adequately resolve the matter.

Such action will follow the disciplinary procedure and may be treated as potential gross misconduct and could lead to summary dismissal.

In the case of clients or third parties, this could result in us ceasing to act or ceasing to use their services.

You should bear in mind that you can be held personally liable as well as, or instead of, the firm for any act of unlawful discrimination. bullying, harassment and victimisation, in the course of your employment, against fellow employees, clients, supplies and the public.

All of us are subject to the disciplinary rules; it should be remembered that unfounded allegations of unfair treatment can be distressing to the recipients of such complaints and that such unfounded allegations may in themselves lead to disciplinary proceedings.

If you experience or become concerned about discrimination or harassment, you should discuss the problem with Nicola Robinson (Director) without delay.

Review of this policy

This policy will be reviewed, at least annually, by Nicola Robinson

May23