Equality and Diversity Policy
- INTRODUCTION
a) The Chambers of Gideon Cammerman KC, 187 Chambers recognises that in our society, groups and individuals have been and continue to be discriminated against on the basis of the following characteristics: race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, gender reassignment, being pregnant or on maternity leave, being married or in a civil partnership, age, disability, religion or political persuasion. Chambers further recognises not only direct discrimination but that there are practices which have discriminatory effects (indirect discrimination).
b) Legislation
In addition to its moral responsibility, Chambers recognises its obligation under the Equality Act 2010 and the Codes of Practice issued by the Equality and Human Rights Commission (and, insofar as they remain in force, the Race Relations Act 1976, the Race Relations (Amendment) Act 2000, the Sex Discrimination Act 1975, Disability Discrimination Act 1995, and the Disability Discrimination Act 2005.)
c) The Aims
The aims of Chambers’ Equality & Diversity Policy are:
i) To ensure that no tenant, pupil, employee, or applicant for any of these positions receives less favourable treatment on the grounds stated in 1(a) above.
ii) To make clear that Chambers will not tolerate any discrimination as described above, nor countenance any instruction or attempt to induce such discrimination by or towards any tenant, pupil or employee, or applicant for these positions.
iii) To make clear that Chambers will not countenance any direct or indirect discrimination against such a person as described in 1(c)(i) above because that person has brought legal proceedings on discrimination grounds, or has given evidence or information relating to such proceedings or has alleged that discrimination has occurred.
d) Our contacts at 187 Chambers are;
Ali Dewji (Assistant Equality and Diversity Officer)
Neil Fitzgibbon (Designated Equality Officer)
- DEFINITIONS
a) Direct Discrimination
This occurs when a person receives less favourable treatment than others because of one of the protected characteristics identified in 1(a) above. It includes harassment which would not have occurred but for the race, sex etc. of the victim.
It is also direct discrimination to treat someone less favourably than others because that person is thought to have one of the protected characteristics (discrimination by perception) or because that person associates with someone who has a protected characteristic (discrimination by association).
b) Indirect Discrimination
Indirect discrimination involves the application of a provision, criterion or practice which is discriminatory in relation to a person’s protected characteristic. A provision, criterion or practice is discriminatory if it would put a person with a protected characteristic at a particular disadvantage when compared with a person who does not share that characteristic. A provision, criterion or practice will not be indirectly discriminatory if it can be shown to be a proportionate means of achieving a legitimate aim.
c) Harassment
Harassment is any form of unwanted conduct which has the aim or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person (or in some cases, a witness to the conduct), for reasons relating to sex, race, gender re-assignment, disability, sexual orientation, religion or belief, or age.
d) Victimisation:
It is victimisation for an employer to subject a worker to a detriment because the worker has brought or may bring legal proceedings on discrimination grounds; gives evidence or information in connection with such proceedings; makes an allegation that a person has discriminated against another; or has made or sought a relevant pay disclosure.
e) Racial Discrimination
This means discrimination on grounds of race, colour, ethnic or national origins, nationality or citizenship.
f) Sex Discrimination
This means discrimination on grounds of a person’s sex or marital status.
g) Sexual Orientation Discrimination
This means discrimination on grounds of personal sexual preference.
h) Disability Discrimination
This means treating a person unfavourably because of something arising in consequence of that person’s disability. A disability is a physical or mental impairment which has a substantial and long term adverse effect on a person’s ability to carry out normal day to day activities.
i) Religious Discrimination
This means discrimination because of a person’s religious observance, belief or practice.
j) Discrimination on the Grounds of Political Persuasion
This means discrimination arising out of any political belief, save where that belief is itself discriminatory.
k) Gender reassignment
This means discrimination on grounds of a person being a transsexual. A person is protected from such discrimination if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex.
l) Pregnancy and maternity and Paternity Leave
This means discrimination on grounds of a woman being pregnant, ill as a result of the pregnancy, or because she is exercising, has exercised or is seeking or has sought to exercise her right to maternity leave. It also applies to paternity leave.
m) Marriage and civil partnership
This means discrimination on grounds of a person being married or in a civil partnership.
n) Age:
This means discrimination on grounds of a person’s age or age group.
TENANTS
a) Fair Selection of applicants other than former or current pupils:
i) Chambers’ policy is to have a selection procedure for tenants in which all applications are considered on an equal and non-discriminatory basis.
ii) Before any consideration of applications, decisions will be made about the number and type of vacancies to be filled.
iii) Save where a vacancy is to be filled only from current or former pupils, it will be well publicised. Advertisements will state clearly areas of work, years of call sought (if relevant), selection procedures and guidance on selection criteria. A timetable for processing applications will be stated and adhered to. This shall not preclude recruitment outside these procedures of particular barristers because of their particular skills or area of practice.
iv) Chambers will monitor the ethnic origin and sex of applicants at the following stages: applications received, candidates short-listed, and those successful at interview.
v) All decisions about applicants’ suitability will be taken by committee and not by an individual member of Chambers. All members of said Committee will have completed the Equality and Diversity course.
vi) In considering written applications and at interview, all applicants will be assessed in competition with each other against the same predetermined objective and explicit selection criteria relating to the knowledge, skills and other abilities demanded by the work. Where references are sought, they will relate strictly to the selection criteria.
vii) All documentation relating to selection decisions will be retained for 12 months.
viii) The terms of any offer will be set out in writing. They will not differ between tenants without good cause; nor will they be directly or indirectly discriminatory.
b) Fair Selection of applicants who are former or current pupils:
(i) Save for 3(a) (iii), the provisions of 3 (a) above shall apply.
(ii) An explicit framework for the assessment of pupils’ work will be agreed by the selection committee.
(iii) Before the pupil is discussed, s/he will be independently assessed against these predetermined criteria by his/her pupil Supervisor and at least one other member of Chambers with whom the pupil has worked; who will record their assessment in writing.
(iv) The right of an unexplained veto shall not be granted to any member of Chambers.
c) Distribution of Work
(i) Work shall be distributed to all members of Chambers in a manner that is fair to all and without discrimination, based upon the required skills and experience. Any discriminatory instructions from the professional client will not be countenanced.
d) Harassment
(i) Harassment will not be countenanced by Chambers.
e) Disability
Chambers will make reasonable adjustments to assist those tenants who have a disability. In particular, Chambers will take reasonable steps to:
i) avoid provisions, criteria or practices which put a disabled person at a substantial disadvantage compared to those who are not disabled;
ii) remove or alter a physical feature or provide a reasonable means of avoiding such a feature where it puts a disabled person at a substantial disadvantage compared to those who are not disabled, where possible under the restrictions of the Listed Building Status of the property we occupy; and
iii) provide an auxiliary aid or service where a disabled person would, but for that aid, be put at a substantial disadvantage compared to those who are not disabled.
f) Grievance Procedures
i) Both formal and informal grievance procedures will be available, as well as other external avenues of redress.
ii) There are written procedures to deal with complaints concerning selection of tenants from both internal and external applicants, distribution of work, harassment and other discrimination originating within or outside Chambers (see Annex 2).
iii) There shall be 2 senior members of Chambers to act as informal advisers to potential complainants, to advise on internal and external avenues of redress, and to assist in the informal resolution of grievances.
iv) When a complaint is made, confidentiality shall be maintained as far as is possible and appropriate.
v) Where actual or potential discrimination is identified, remedial action will be taken by Chambers.
PUPILS
a) Selection of pupils:
i) The selection of pupils and how the pupils are selected shall be at the discretion of the Chambers’ Pupillage Committee who will produce an annual policy document.
ii) Pupils are selected on ability with no discrimination on grounds of age, sex, gender, race, nationality, physical disability, gender reassignment or sexual orientation following application through the Pupillage Portal.
iii) Pupils, pupil supervisors and Chambers are required to comply with their respective obligations as set out in the Code of Conduct.
iv) The Chair of the Pupillage Committee shall be elected at the Chambers Management Committee Meeting and will be in place for a period of 2 years. The remainder of the Committee shall be chosen by the Chair.
b) The responsibilities of the Pupillage Committee shall consist of:
i) The recruitment of barristers into Chambers as pupil;
ii) The allocation of awards, if any, to barristers who enter Chambers as pupils;
iii) The supervision of the placement of all barristers undertaking pupillage within Chambers;
iv) The placement of students as mini-pupils within Chambers.
c) Complaints by Pupils
i) The pupil shall first approach the Pupil Supervisor unless the matter concerns the Pupil Supervisor in which case the pupil shall complain direct to the Chair of the Pupillage Committee, or if that is the same person, to another member of the Pupillage Committee.
ii) If the Pupil Supervisor, Chair of the Pupillage Committee or Appointed person is unable to resolve the matter or decides against the pupil then a Complaints Officer (CO) shall be appointed by the Head of Chambers to consider the complaint.
iii) The CO shall investigate the complaint as if it is of gross misconduct in accordance with the Chambers Grievance Procedure. If the complaint is not of gross misconduct the CO may decide the matter them self. The CO shall decide if the complaint is or is not of gross misconduct.
d) Complaints about Pupils
i) The Senior Clerk or the Pupil Supervisor shall attempt to resolve external and internal complaints themselves. The pupil concerned shall give the Senior Clerk or Pupil Supervisor such assistance as may be required.
ii) If the matter cannot be resolved by the Senior Clerk or the Pupil Supervisor it shall be referred for investigation to the CO who will investigate the complaint in accordance with the grievance procedure.
EMPLOYEES
a) Recruitment
i) There shall be open and objective recruitment for all Chambers’ staff vacancies based upon an equal and non-discriminatory basis.
ii) Before any consideration of applications, decisions will be made about the number and type of vacancies to be filled.
iii) Any vacancy to be filled will be well advertised, and will state clearly areas of work, experience sought and selection procedures. A timetable for processing applications will be stated and adhered to.
iv) Chambers will monitor the ethnic origin and sex of applicants at the following stages: applications received, those short-listed and those successful at interview.
v) All decisions about applicants’ suitability will be taken by committee and not by an individual member of Chambers. All Committee members shall have received Equality and Diversity training.
vi) Applicants’ suitability will be assessed against predetermined objective and explicit criteria relating to the knowledge, skills and other abilities demanded by the work. Where references are sought they will relate strictly to the selection criteria.
vii) All documentation relating to selection decisions will be retained for 12 months.
viii) The terms of any offer will be set out in writing.
b) Harassment
i) Harassment will not be countenanced by Chambers.
c) Disability
Chambers will make reasonable adjustments to assist employees who have a disability. In particular, Chambers will take reasonable steps to:
i) avoid provisions, criteria or practices which put a disabled person at a substantial disadvantage compared to those who are not disabled;
ii) remove or alter a physical feature or provide a reasonable means of avoiding such a feature where it puts a disabled person at a substantial disadvantage compared to those who are not disabled; (as above with regard to Listed Building status) and:
iii) provide an auxiliary aid or service where a disabled person would, but for that aid, be put at a substantial disadvantage compared to those who are not disabled.
d) Grievance Procedures
i) Both formal and informal grievance procedures will be available, as well as other external avenues of redress.
ii) There are written procedures to deal with complaints concerning harassment and other forms of discrimination on the basis of those matters described in paragraph 1(a) above (see Annex 2).
iii) There shall be 2 members of Chambers from the Management Committee to act as informal advisers to potential complainants, to advise on internal and external avenues of redress and to assist in the informal resolution of grievances.
iv) When a complaint is made, confidentiality shall be maintained as far as is possible and appropriate.
v) Where actual or potential discrimination is identified, remedial action will be taken by Chambers.
e) Maternity Leave and Pay Policy
Each member of Chambers will be entitled to up to 12 months’ rent free. The same applies to Parental or Adoption Leave. Commission will only be charged on cases completed before the leave starts.
For staff: Statutory Maternity and Paternity Leave are applied as per their contracts.
f) Opportunities
i) Employees will not be discriminated against or victimised in the way employees are afforded access to opportunities for promotion, training or any other benefit, including the private health scheme that is offered to all employees.
g) Flexible Working
Chambers has a flexible working policy covering the right of a member of Chambers or a member of staff to take a career break, or to work part-time, to work flexible hours, or to work from home.
- PROVISION OF SERVICES
In providing services to the lay and professional client, Chambers shall not discriminate against any person on the basis of race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, marital status, disability, religion or political persuasion.
Annex 1: Procedure for tenant selection upon an equal and non-discriminatory basis
The vacancy (excluding vacancies referred to in 7. below)
Before any consideration of applications, decisions will be made about the number and type of vacancies to be filled.
The advertisement
a) Save where a vacancy is to be filled only from current or former pupils, it will be well publicised.
b) Advertisements will state clearly areas of work, years of call sought (if relevant), selection procedures and guidance on selection criteria (see 3(b) below).
c) A timetable for processing applications will be stated and adhered to.
iii. Conduct of interviews
a) All interviewees will be assessed in competition with each other against the same predetermined objective and explicit selection criteria relating to the knowledge, skills and other abilities demanded by the work.
b) Selection criteria will be based upon:
i) Motivation, including a high level of drive and determination, and a commitment to the work of the Bar.
ii) Ability to professionally carry out all duties expected of a Barrister.
c) Where references are sought they will relate strictly to the selection criteria.
d) There will be monitoring of interviewees by sex and ethnic origin.
The Decision
a) Final decisions will be taken in a meeting of the Chambers Management Committee which will consider reports from the interviewing committee.
b) The right of an unexplained veto shall not be granted to any member of Chambers.
c) Interviewees will be notified of the Chambers’ decision within 21 days of the completion of the round of interviews.
d) There will be monitoring of successful candidates by sex and ethnic origin.
e) The terms of any offer will be set out in writing. They will not differ between tenants without good cause; nor will they be directly or indirectly discriminatory.
Records
All documentation relating to selection decisions will be retained for 12 months.
Vacancies limited to current or former pupil applicants
a) An explicit framework for the assessment of pupils’ work will be agreed by the selection committee.
b) Before the pupil is discussed, s/he will be independently assessed against the predetermined criteria by the pupil master/mistress and at least one other member of Chambers with whom s/he has worked; who will record their assessment in writing.
c) The right of an unexplained veto shall not be granted to any member of Chambers.
Annex 2:
Grievance procedures
There shall be available to employees, tenants and pupils both formal and informal grievance procedures in relation to any discrimination based upon race, colour, ethnic or national origin, nationality, citizenship, sex, sexual orientation, pregnancy or maternity, gender reassignment, disability, religion or political persuasion.
There shall be available to employees, tenants and pupils both formal and informal grievance procedures in relation, inter alia, to complaints about selection procedures, distribution of work, conduct of pupillage and harassment on the basis of discrimination as described in paragraph 1. above.
At least 2 members of the Chambers Management Committee shall be nominated as advisers to anyone making a complaint, to assist in informal resolution of the matter and to advise on the formal procedures.
The advisers described in paragraph 3. above shall also assist in making known to one making a complaint:
a) those outside Chambers able to provide supportive counselling including the Associations of Women Barristers, members of minority ethnic groups, disabled people, sexual orientation, and equality and diversity officers;
b) those outside Chambers able to hear the complaint including Bar Council committees and;
c) where there is a legal right to apply for redress to the county court or industrial tribunal, or to consult the Equalities and Human Rights Commission.
At least 2 members of the Chambers Management Committee shall be nominated as investigators to conduct any formal enquiry.
Procedure:
a) The complaint must be made in writing.
b) A written response will be received within 14 days thereafter.
c) Any oral hearing will take place within 14 days thereafter.
The identity of anyone making a complaint will be treated as confidential insofar as is possible and appropriate.
No one making a complaint shall be victimised nor suffer detriment.
Records will be kept by the Head of Chambers.