Part 5Work
Chapter 1Employment, etc.
The Bar
47Barristers
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.
48Advocates
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.