Equality, Diversity and Inclusion

Equality, Diversity and Inclusion Policy

Old Square Chambers is a leading set in all aspects of equal opportunities law and practice. Chambers prides itself on maintaining a friendly and inclusive workplace culture and professional work ethic. We are an equal opportunities employer and are fully committed to providing equality of opportunity and to eliminating discrimination. Chambers seeks to apply best practice in all of its work and to act in accordance with guidance produced by the Bar Council and Bar Standards Board in relation to equality, diversity and inclusion.

Old Square Chambers seeks to ensure a fair distribution of work amongst members of chambers and pupils and to use fair and objective selection criteria for members, pupils and staff in accordance with the Fair Recruitment Guide published by the Bar Council. Our equality and diversity data can be found here.

This Equality, Diversity and Inclusion Policy formally sets out Old Square Chambers’ commitment to the practical application and promotion of principles of equality of opportunity and diversity in all aspects of its affairs.

It also contains practical measures that Old Square Chambers takes to promote equality, diversity and inclusion and the steps it will take to address complaints of discrimination.

Aims

The aims of this Equality, Diversity and Inclusion Policy are to:

• Explain Old Square Chambers’ commitment to the adherence to as well as the promotion of principles of equal opportunity, diversity and inclusion.
• Communicate this commitment to members of Chambers, employees, clients (both lay and professional), workers and others.
• Explain what steps Old Square takes to promote these values.

Application

This Policy applies to:

• Members of Chambers
• Staff (including employees, workers and contractors)
• Pupils
• Mini-pupils
• Work experience placements
• Applicants for any of the above
• Clients (both lay and professional)
• Visitors to Chambers’ premises

Chambers’ Policy

Old Square is fully committed to:

• Acting in accordance with best practices in relation to equality, diversity and inclusion in relation to the “protected characteristics” set out in section 4 of the Equality Act 2010
• Advancing equality, diversity and inclusion more generally
• Ensuring that all colleagues and visitors are provided with a work environment in which they are treated with respect and dignity free of bullying, harassment, victimisation and unlawful discrimination, promoting dignity and respect for all, and where individual differences and the contributions of all staff are recognised and valued. This commitment includes training all employees about their rights and responsibilities under this Policy
• Acting in accordance with its obligations under the Equality Act 2010
• Acting in accordance with the equality obligations set by the Bar Standards Board
• Taking proactive action to eliminate unlawful discrimination in Chambers’ activities
• Taking effective action to address concerns raised as to whether any person has acted contrary to this Policy. This includes taking steps to address any complaints of bullying, harassment, victimisation and unlawful discrimination by fellow members, employees, customers, suppliers, visitors, the public, and any others in the course of Chambers’ work activities. Such acts will be dealt with in accordance with Chambers’ relevant procedure (including the complaints procedure, grievance and/or disciplinary procedures).

Protected Characteristics

Chambers will have due regard to advancing equality of opportunity and avoiding and eliminating discrimination in relation to the following protected characteristics set out in the Equality Act 2010:

• age
• disability (including any physical or mental impairment)
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race (including colour, nationality, and ethnic or national origin)
• religion or belief
• sex
• sexual orientation

In addition, Chambers will have regard to addressing any form of discrimination on grounds of socio-economic background or status, as well as caring responsibilities.

Discrimination

Old Square opposes all forms of discrimination including:

• Direct discrimination – less favourable treatment because of a protected characteristic
• Indirect discrimination – this may occur when an organisation applies an apparently neutral provision, criterion or practice which puts persons sharing a protected characteristic at a particular disadvantage, and such disadvantage is not justified
• Pregnancy and maternity discrimination
• Discrimination arising from disability – treating a disabled person unfavourably because of something arising in consequence of their disability in circumstances where this is not justified
• Failure to make reasonable adjustments – where a disabled person is put at a substantial disadvantage by the application of an apparently neutral provision, criterion or practice, or by a physical feature, or by a failure to provide an auxiliary aid or service, an organisation is obliged to take such steps as it is reasonable to have to take to avoid the disadvantage or provide the auxiliary aid or service
• Harassment – unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading or humiliating or offensive environment for that person
• Sexual harassment – which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading or humiliating or offensive environment for that person
• Victimisation – subjecting a person to a detriment because they have done, or it is believed that they have done, or it is believed that they may do, a protected act
• Further explanations of each of these types of discrimination are provided by the Equality and Human Rights Commission Code of Practice at:

 https://www.equalityhumanrights.com/equality/equality-act-2010/codes-practice/employment-code-practice-0.

• All applicants for membership of Old Square Chambers, employment, pupillage, mini-pupillages and work placements, and all others who work with or for Old Square Chambers will be treated fairly and will not be discriminated against on any of the above grounds. Old Square Chambers will also use its best endeavours to protect members and staff from discrimination in the course of their work by third parties.
• All decisions about membership, recruitment, selection, promotion, training, pay and any other matter will be made in accordance with, and with due regard to, the objects set out in this Policy.

Implementation

The following have responsibility for implementing this Policy:

• The Board of Management
• The Senior Clerk and Chambers Director
• The Equality, Wellbeing & Diversity Committee
• The Equality & Diversity Officers (“EDOs”)

Old Square Chambers recognises the importance of line managers adhering to this Policy and provides staff with appropriate training in order to foster an inclusive and respectful work environment. Chambers also recognises that each individual within Chambers has a responsibility to adhere to this Policy. Appropriate training is provided to ensure this.

In order to ensure the implementation of this Policy, Chambers will:

• Provide a copy of this Policy to all members, staff, and pupils.
• Ensure that all members, staff and pupils have confirmed that they have read and understood this Policy
• Publish a copy of this Policy on Chambers’ website
• Provide access to this Policy for all individuals applying for pupillage, employment, or work experience
• Have regard to this Policy when allocating work to third party organisations which enter into contractual arrangements with Chambers
• Devise and implement an Equality Action Plan which is overseen and reviewed by the EDOs, Chambers’ Director and Board of Management
• Provide sufficient resources to ensure compliance with this Policy
• Comply with all requirements set down by the Bar Standards Board

Monitoring and review of diversity data

Old Square Chambers will establish appropriate information, monitoring and review systems to assist with the effective implementation of this Policy.

Work Distribution Monitoring

Old Square Chambers is committed to the monitoring and review of the distribution of unallocated work to members. This is governed by the Work Distribution Policy (formerly known as the Fair Allocation of Work Policy).

Any reporting of work distribution monitoring results will seek (where possible) to preserve the anonymity of members. This may result in specified information being redacted.

Raising Concerns

Chambers strives to ensure that it complies with this Policy at all times. However, where anyone to whom this Policy applies believes that they have suffered any form of discrimination, harassment or victimisation, they are entitled to raise that concern.

Members and pupils should in the first instance seek advice from an EDO, and/or should follow the Grievance Procedure.

Members of staff should, if appropriate, raise any immediate concern with their line manager, or if their line manager is involved, the Chambers Director.

In relation to other interested parties, they should raise the concerns through Chambers’ Complaints Procedure.

Further Support

Any person is entitled to seek advice (initially) in confidence from Sarah Earl (Chambers Director), or from one of the Equality & Diversity Officers (Stuart Brittenden KC, Roz Snocken, or Laith Dilaimi).

Relevant Procedures

Chambers has implemented the following policies and procedures:

• Work Distribution Policy
• Flexible Work Policy
• Grievance Procedure
• Harassment Policy
• Mentoring Policy
• Parental Leave Policy
• Reasonable adjustments
• Wellbeing Policy
• Wellbeing Resources

Chambers’ EDI Engagement and Activities

Chambers engages with various external organisations to demonstrate and further our commitment to equality, diversity and inclusion, as well as having a strong internal commitment to these principles. Some examples of our work in these areas include:

Access to the Bar as a profession

• Chambers uses Pupillage Gateway for our pupillage recruitment processes, enabling the ‘hands off’ anonymisation of applications and excellent equality and diversity monitoring.
• We accept at least 12 mini-pupils per year via our own scheme.

Our recruitment process for these applicants directly replicates that of pupillage recruitment i.e. anonymised applications to safeguard against conscious and unconscious bias. Mini pupils can apply for funding, as part of Chambers’ commitment to address  social mobility challenges in accessing our scheme.

As part of our commitment to accept a minimum of 12 mini-pupils per year, we also accept  mini pupils under various Inns’ Access to the Bar schemes, and participate in the Bar Council’s Black Intern scheme.

• We accept up to 30 work experience students, aged 16 – 18 each year. We assess applications anonymously. The scheme enables groups of 3-4 work experience students at a time to visit court, undertake exercises focused towards accessing the Bar as a profession, and to develop their CVs with relevant skills. Funding is available for work experience students to assist with travel costs to maximise accessibility to the scheme.

We dedicate a huge amount of resource to this important area, in acknowledgment that access to the Bar as a profession needs to be promoted at a young age, as well as once academic paths have been decided upon.

• Many of our members act as mentors within schemes run by the Inns of Courts schemes for aspiring barristers.
• Our members often give up their time to provide talks to universities and schools to further enhance our message of fair access to the Bar for all.

Access to justice

• Chambers is proud to have a Gold partnership with ‘Support Through Court’, a charity who assist litigants in person with court procedures and paperwork to enable them to act without legal representation (without cost).
• Members regularly undertake pro bono work across our practice areas, and we actively work with Advocate.
• On a regular basis, members provide pro bono advice and services in the Employment Appeal Tribunal via ELAAS.
• Chambers recently co-sponsored the first GHRH (Girls Human Rights Hub) event which was a week long programme, a full day’s training of which was held in Chambers, where a number of our members contributed to discussions. The event was designed to educate and improve awareness for young women across the country surrounding their rights and the rights of girls internationally.
• Many of our members are linked to charities and schemes that actively promote fair access to justice.

Internal Equality, Diversity and Wellbeing initiatives

• Stringent work distribution monitoring processes are in place. Our results show no overall gender bias in earnings and we publish an overview report annually to all members.
• Members identified within work distribution monitoring as having specific requirements, i.e. where their practice is restricted for any reason, will be offered to participate in more frequent practice reviews to ensure strong communication and discussion around developing their practices around their specific needs.
• Chambers operates transparently in making accessible monthly earnings of each member.
• In addition to those resources available to members via their Bar Council membership, Chambers offers employees, members and pupils access to additional assistance programme facilities at no cost, including access to counselling, online GP services, online physiotherapy and annual health checks.
• Chambers provides a Private Healthcare Scheme for our staff, and enables access to the same for members and their families.
• We have several focussed WhatsApp groups for members who wish to share information, provide support, and offer guidance in relation to particular issues, including ill health or disability.
• Chambers recently undertook several modifications to our ground floor facilities to provide better access for members, staff and visitors with mobility challenges.
• We have provided training for our members in the last 24 months on topics such as Mentor training, Fair Recruitment, Race Awareness and Disability Etiquette.
• Chambers prides itself on innovative marketing events that are not solely focussed around ‘traditional’ business development. This includes events marking International Women’s’ Day, Black History Month, Holocaust Memorial Day and more recently, we held our first Iftar event in Chambers.
• We have a generous maternity and paternity package in place for members and staff, which is complimented with flexible and tailored  return to work arrangements.
• We offer free sanitary products to members, staff and visitors.
• We are a London Living Wage employer, and this extends to our contractors.
• Chambers provide a Wellbeing Resources document at regular intervals, signposting members to both relevant external resources, such as LawCare, as well as access to members of the Committee they can approach for assistance, and our Mental Health First Aiders
• We strive to be approachable, members and staff are available to all of Old Square, to discuss any challenges they may be facing, whether personal or work-related, to provide practice support and guidance where required,  as well as signposting to appropriate resources.

Reviewed: August 2024

Authorised: Chairs of Committee, Equality and Diversity Officers, Chambers Director