Equality Act 2010

The Bar

47 Barristers

(1) A barrister (A) must not discriminate against a person (B)—

(a) in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b) as to the terms on which A offers B a pupillage or tenancy;

(c) by not offering B a pupillage or tenancy.

(2) A barrister (A) must not discriminate against a person (B) who is a pupil or tenant—

(a) as to the terms on which B is a pupil or tenant;

(b) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c) by terminating the pupillage;

(d) by subjecting B to pressure to leave chambers;

(e) by subjecting B to any other detriment.

(3) A barrister must not, in relation to a pupillage or tenancy, harass—

(a) the pupil or tenant;

(b) a person who has applied for the pupillage or tenancy.

(4) A barrister (A) must not victimise a person (B)—

(a) in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b) as to the terms on which A offers B a pupillage or tenancy;

(c) by not offering B a pupillage or tenancy.

(5) A barrister (A) must not victimise a person (B) who is a pupil or tenant—

(a) as to the terms on which B is a pupil or tenant;

(b) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c) by terminating the pupillage;

(d) by subjecting B to pressure to leave chambers;

(e) by subjecting B to any other detriment.

(6) A person must not, in relation to instructing a barrister—

(a) discriminate against a barrister by subjecting the barrister to a detriment;

(b) harass the barrister;

(c) victimise the barrister.

(7) A duty to make reasonable adjustments applies to a barrister.

(8) The preceding provisions of this section (apart from subsection (6)) apply in relation to a barrister’s clerk as they apply in relation to a barrister; and for that purpose the reference to a barrister’s clerk includes a reference to a person who carries out the functions of a barrister’s clerk.

(9) A reference to a tenant includes a reference to a barrister who is permitted to work in chambers (including as a squatter or door tenant); and a reference to a tenancy is to be construed accordingly.

48 Advocates

(1) An advocate (A) must not discriminate against a person (B)—

(a) in the arrangements A makes for deciding who to take as A’s devil or to whom to offer membership of a stable;

(b) as to the terms on which A offers to take B as A’s devil or offers B membership of a stable;

(c) by not offering to take B as A’s devil or not offering B membership of a stable.

(2) An advocate (A) must not discriminate against a person (B) who is a devil or a member of a stable—

(a) as to the terms on which B is a devil or a member of the stable;

(b) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c) by terminating A’s relationship with B (where B is a devil);

(d) by subjecting B to pressure to leave the stable;

(e) by subjecting B to any other detriment.

(3) An advocate must not, in relation to a relationship with a devil or membership of a stable, harass—

(a) a devil or member;

(b) a person who has applied to be taken as the advocate’s devil or to become a member of the stable.

(4) An advocate (A) must not victimise a person (B)—

(a) in the arrangements A makes for deciding who to take as A’s devil or to whom to offer membership of a stable;

(b) as to the terms on which A offers to take B as A’s devil or offers B membership of a stable;

(c) by not offering to take B as A’s devil or not offering B membership of a stable.

(5) An advocate (A) must not victimise a person (B) who is a devil or a member of a stable—

(a) as to the terms on which B is a devil or a member of the stable;

(b) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c) by terminating A’s relationship with B (where B is a devil);

(d) by subjecting B to pressure to leave the stable;

(e) by subjecting B to any other detriment.

(6) A person must not, in relation to instructing an advocate—

(a) discriminate against the advocate by subjecting the advocate to a detriment;

(b) harass the advocate;

(c) victimise the advocate.

(7) A duty to make reasonable adjustments applies to an advocate.

(8) This section (apart from subsection (6)) applies in relation to an advocate’s clerk as it applies in relation to an advocate; and for that purpose the reference to an advocate’s clerk includes a reference to a person who carries out the functions of an advocate’s clerk.

(9) “Advocate” means a practising member of the Faculty of Advocates.