Barristers are now required to actively promote equality, diversity, and inclusion as per new Bar Standards Board (BSB) regulations.
- These changes are part of a broader effort to replace current core duty 8, addressing unlawful discrimination.
- Concerns have been raised about possible unintended negative effects and implementation challenges.
- A year-long transitional period will focus on supporting rather than punishing compliance.
- The changes aim to foster a more inclusive culture within the barristers’ profession.
The Bar Standards Board (BSB) has announced a significant shift in its regulatory approach, mandating that barristers adopt a positive duty to promote equality, diversity, and inclusion within the profession. This change comes as part of a replacement for the existing core duty 8, which prohibits unlawful discrimination. The BSB aims for these new obligations to be a central component in altering the behaviour and culture within the profession.
In a bid to enhance inclusiveness, new ‘outcomes-based’ general equality rules are set to accompany this positive duty, particularly focusing on recruitment, retention, and progression. Barristers in chambers and BSB-regulated entities will be tasked with eliminating unlawful discrimination, advancing equal opportunities, and preventing bullying and harassment. They are also expected to ensure equal access to services and cultivate an inclusive environment.
These measures require chambers to have policies on unassigned work allocation and the annual collection, analysis, and publication of diversity data. Chambers must also draft action plans tailored to rectify identified disparities. An ‘accessibility audit’ is to be conducted every five years to improve disabled access, ensuring that premises are completely accessible to all, including disabled pupils and tenants.
Amid these developments, some roles, such as equality and diversity officers and diversity data officers, may be phased out. Concerns have been voiced that the burden of these roles often falls on junior members from under-represented backgrounds, potentially hindering their career progression. The BSB acknowledges the profession needs time to adjust, offering a year-long period focused on support rather than strict enforcement.
Sam Townend KC, Chair of the Bar Council, has warned of potential unintended consequences, noting that these radical changes, while progressive, may disrupt established practices significantly. Townend highlights that progress in equality, diversity, and inclusion has often been voluntary, driven by committed equality and diversity officers. He reiterated that while regulation is vital, achieving real inclusivity requires more than regulatory changes alone.
The proposed measures are designed to reshape the legal profession, fostering inclusivity while balancing potential challenges.
