Part 5Work
Chapter 1Employment, etc.
The Bar
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.