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Equality Rules Information

Equality Rules Information . Dealing with harassment in Chambers. Equality Act 2010. What is harassment?

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Equality Rules Information

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  1. Equality Rules Information Dealing with harassment in Chambers

  2. Equality Act 2010 • What is harassment? • “26Harassment(1)A person (A) harasses another (B) if—(a)A engages in unwanted conduct related to a relevant protected characteristic, and(b)the conduct has the purpose or effect of—(i)violating B's dignity, or(ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B.(2)A also harasses B if—(a)A engages in unwanted conduct of a sexual nature, and(b)the conduct has the purpose or effect referred to in subsection (1)(b).(3)A also harasses B if—(a)A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex,(b)the conduct has the purpose or effect referred to in subsection (1)(b), and(c)because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct.(4)In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account—(a)the perception of B;(b)the other circumstances of the case;(c)whether it is reasonable for the conduct to have that effect.(5)The relevant protected characteristics are—age;disability;genderreassignment;race;religion or belief;sex;sexual orientation.”

  3. Equality Act 2010 • Ingredients • (1) unwanted conduct • (2) purpose or effect • (3) violation of dignity, or • (4) ‘hostile’ environment

  4. Equality Act 2010 • Applicable protected charateristics • Age • Disability • Gender reassignment • Race • Religion or Belief • Sex • Sexual orientation

  5. BSB Rules • Rule 305.1 • “A barrister must not, in his professional practice, discriminate unlawfully against, victimise or harass any other person on the grounds of race, colour, ethnic or national origin, nationality, citizenship, sex, gender re-assignment, sexual orientation, marital or civil partnership status, disability, age, religion or belief or pregnancy and maternity.”

  6. BSB Rules • Rule 408 “A self-employed barrister must take reasonable steps” • Rule 408.2 “to ensure that their chambers complies with the following requirements”

  7. Rule 408.2(g) • (g) - harassment • “Their chambers must have a written anti-harassment policy which must: • (i) state that harassment will not be tolerated or condoned and that employees, members of chambers, pupils and others temporarily in chambers such as mini-pupils have a right to complain if it occurs; • (ii) set out how the policy will be communicated; • (iii) set out the procedure for dealing with complaints of harassment.”

  8. Bar Council • Prohibition of harassment • Relevant considerations are: • The perception of the ‘victim’ • The other circumstances of the case • Whether it is reasonable for the conduct to have that effect. • A single incident may constitute harassment if it is sufficiently serious. • Vicarious liability (third party harassment abolished from 1 October 2013).

  9. Case Study • A pupil complains that they saw a member of chambers with his hand touching the skirt covering another pupil’s bottom. That other pupil has not complained to you but the pupil who witnessed it considers it was inappropriate behaviour and does want to complain. How should this be dealt with?

  10. Further support • BSB’s model anti-harassment policy • Equality and Diversity Helpline (0207 611 1310) • Bar Council’s mediation service

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