This firm is committed to providing equality of opportunity within the firm, to eliminating discrimination in any form in any of its dealings with any persons, and to encouraging diversity in our workforce. We are opposed to any and all forms of unlawful or unfair discrimination, and will treat people equally regardless of the following characteristics:
age
disability
gender reassignment
marriage and civil partnership
pregnancy and maternity
race
ethnic origin
colour
nationality
national origin
religion or belief
sex and sexual orientation
It is the firm’s intention that this commitment should inform our dealings and relationships both within and outside of the firm, in accordance with the Equality Act 2010, the Solicitor’s Code of Conduct, and the SRA’s guidance.
In providing equality of opportunity and fulfilling its anti-discriminatory commitment, the firm will be mindful of all forms of unlawful discrimination, direct discrimination, indirect discrimination, harassment and victimisation.
Direct discrimination occurs where a person is treated less favourably on the grounds of any of the characteristics set out above.
Indirect Discrimination occurs where an apparently neutral provision, criterion or practice would put a substantially higher proportion of the members of one sex, or people of a particular racial group or religion or belief, sexual orientation or with a disability at a particular disadvantage compared with other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
Victimisation occurs where a person is treated less favourably because she or he has made a complaint of discrimination. This also applies to individuals who may have assisted or supported the complainant, for example, as a witness or by showing sympathy.
Harassment occurs when unwanted conduct takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. This will include physical, verbal and non-verbal acts.
This policy will be monitored, and its impact reviewed annually.
Andrew Ayres is responsible for implementing the firm’s policy on Equality and Diversity.
As to all members of the firm:
We believe that it is good business sense for the firm to ensure that its most important resource, its staff, is treated and utilised in a fair and effective way. To that end, all members of the firm, whether part-time, full-time, or temporary, will be treated fairly and with respect. Selection for employment, promotion, training, or any other benefit will be on the basis of aptitude and ability. All members of the firm will be helped and encouraged to develop their full potential, and the talents and the resources of the workforce will be fully utilised to maximise the efficiency of the firm.
We are, therefore, committed to the following:
To create an environment in which individual differences and the contributions of all our staff are recognised and valued.
Every employee is entitled to a working environment that promotes dignity and respect to all. No form or intimidation, bullying, or harassment will be tolerated.
Training, development and progression opportunities are available to all staff.
Equality in the workplace is good management practice and makes sound business sense.
We will continue to review our employment practices and procedures to ensure fairness.
Although it is unlawful positively to discriminate in favour of certain groups on the grounds of race or sex, positive action to enable greater representation of under-represented groups is permitted by law and encouraged by the firm.
This firm is generally free to decide whether to accept instructions from any particular client, but any refusal to act must not discriminate based upon any of the characteristics set out in the general statement above.
Should a conflict arise between the beliefs of a fee earner in the firm and those of a client, such that the conflict would be material to the handling of the case, then the conflict should be raised initially with Andrew Ayres. The nature of the conflict should then be discussed with the client, and it will be the client’s choice whether they wish to continue to be advised and represented by that fee earner.
As to Barristers, Experts and other providers of services to the Firm:
Barristers, Experts and others should be instructed on the basis of their skills, experience and ability. The firm will not discriminate on the grounds of the characteristics set out in the general statement above, and will not request any others, for example barristers’ clerks, to do so.
Clients’ requests for a named barrister should be complied with, subject to the firm’s duty to discuss with the client the suitability of the barrister and to advise appropriately.
The firm has a duty to discuss with the client any request by the client that only a barrister of a particular racial group or sex be instructed. The firm will endeavour to persuade the client to modify instructions which appear to be given on discriminatory grounds. Should the client refuse to modify such instructions, the firm will cease to act.
(In relation to the instruction of Counsel, the firm will be mindful of the provisions of section 26A(3) of the Race Relations Act 1976 as inserted by section 64(2) of the Courts and Legal Services Act 2007 and section 35A(3) of the Sex Discrimination Act 1975 as inserted by section 64(1) of the Courts and Legal Services Act 2007 – provisions regarding discrimination in relation to the giving, withholding or acceptance of instructions to a barrister).
The firm will deal with all persons with the same attention, courtesy and consideration regardless of the characteristics set out in the general statement above and will plan the future provision of services without such discrimination.
Breaches of this Equality and Diversity Policy:
Breaches of equality policy will be regarded as misconduct and could lead to disciplinary proceedings as set out in our disciplinary policy.