Equality and Diversity Policy Policy Statement 1. 23 Essex Street is committed to encouraging diversity and eliminating discrimination in both its role as an employer and as a provider of legal services. 23 Essex Street aims to create a culture that respects and values each other s differences, that promotes dignity, equality and diversity, and that encourages individuals to develop and maximise their true potential. We are committed wherever predicable to achieving and maintaining a staff and Membership of Chambers that broadly reflects the community in which we operate. Purpose 2. The purpose of this policy is to provide equality and fairness for all Members of Chambers, Pupils and all in our employment and in the provision of services and not to discriminate, victimise or harass any other person on the grounds of gender or gender re-assignment, marital or civil partnership status, race, ethnic origin, colour, nationality, national origin, disability, sexual orientation, pregnancy and maternity, religion or belief or age. 23 Essex Street opposes all forms of unlawful and unfair discrimination. (See Code of Conduct paragraph 305.1) 3. All Members of Chambers, Pupils and Mini Pupils and Members of staff will be treated fairly and with respect. Selection for Members of Chambers, Pupillage, staff and for any promotion, training or any other benefit will be on the basis of skills and ability. Principles 4. 23 Essex Street s commitment to Equality and Diversity is: To create an environment in which individual differences and the contributions of all our Members of Chambers, employees, Pupils and Mini Pupils are recognised and valued. To create a working environment that promotes dignity and respect for all. No form of intimidation, bullying or harassment will be tolerated. To ensure marketing, networking opportunity, training, development and progression opportunities are available to all. To promote equality in the workplace, which it believes is good management practice and makes sound business sense. To regularly review all employment practices and procedures to ensure that no member of staff is treated more or less favourably than others. To regularly review services to ensure that they are accessible and appropriate to all groups within society.
To treat breaches of the equality policy seriously and to take disciplinary action when required. To provide information and training to all Members of staff, Pupils and employees so that they are fully aware of the issues relating to Equality and Diversity and their responsibilities relating to it. To develop and maintain an Equality Action plan, to ensure our Equality and Diversity policy is fully implemented. To ensure the policy is fully supported by the Management and Clerking Committees. To monitor and review the policy annually. Procedures Positive action 5. 23 Essex Street will act positively in using the Equality and Diversity Policy as a means of making public its commitment to provide equal opportunities to all present and future Members of Chambers, Pupils and employees. 6. 23 Essex Street encourages all Members of Chambers, Pupils and employees to apply for suitable opportunities and to seek training for promotion or in particular skills 7. The Equality and Diversity Policy forms part of the Staff Handbook and Contract of Employment. Training in Equality and Diversity is provided as part of the Induction Programme. 8. Any form of discrimination by a Member of Chambers, Pupil or employee is treated very seriously and where appropriate will be dealt with using the Disciplinary Procedure Positive Discrimination 9. Positive discrimination is unlawful and the recruitment of quotas of particulars groups is also unlawful. Discrimination in selection to achieve or secure a balance of persons of different racial groups is also not allowed under the Race Relations Act 1976. Recruitment Employed Staff Job descriptions and person specifications 10. Job descriptions and Person specifications are to be prepared for all employed positions. The job description indicates the responsibilities and tasks to be undertaken by the job holder. The Person specification describes the qualifications, skills and abilities required.
11. A list of preferred criteria may also be prepared. Care will be taken to ensure that neither the description nor the specification is discriminatory on the grounds quoted in the policy statement. Pupils and selection of tenants from current Pupils 12. All applications for Pupillage and tenancy from current Pupils will be judged against the same criteria. The criteria will not be discriminatory on the grounds quoted in the policy statement. Tenants 13. All applications for tenancy from external candidates will be judged against the same criteria. The criteria will not discriminate on the grounds stated in the Purpose section above. Mini Pupils 14. It is recognised that Mini Pupillage forms an important part of an aspiring barrister s career progression (even if unassessed within Chambers) and that Chambers duty of fair and equal treatment applies to Mini Pupils as well. Given the nature of Chambers work, no Mini Pupillage may be offered to any person under the age of 18. Mini Pupillages are to be awarded upon the personal merit and future potential of the Mini Pupil applicants only. The Mini Pupillage Policy shall establish a more detailed framework for the fair and equitable treatment of Mini Pupils. Advertising 15. 23 Essex Street will use a range of advertising methods in order to attract the widest pool of appropriate applicants for positions as Members of Chambers, Pupils and/or Members of staff. Vacancies for new and existing jobs will normally be advertised internally and externally. All our advertising will: Contain the statement 23 Essex Street is an Equal Opportunities Employer Ensure that we do not exclude, discriminate against, or discourage any particular group from applying nor make it difficult for anyone from such a group to apply Refer to the job description and person specification in order to give information about the requirements of the job Applications and short listing 16. All applicants (including for potential Members of Chambers, Pupils and staff) will be asked to fill out an application form which contains only information essential and relevant to the appointment. 17. Applications will be short listed by at least 2 people. Short listing will be performed on the basis of objective criteria and the extent to which candidates have shown, in the application form, that they meet the required Person specification and can carry out
tasks and responsibilities required of the post holder. Formal qualifications and standards of literacy and numeracy will only be taken into account when they are recognised as necessary for a particular job. 18. Short listed candidates will be invited to an interview. Staff and Members of the appropriate Committee responsible for short-listing, interviewing and selection of candidates will be: Clearly informed of selection criteria and the need for their consistent application Given guidance on the effects which generalised assumptions about people from groups quoted in the Policy Statement can have on selection decisions; Made aware of the possible misunderstandings that can occur between persons from different cultural backgrounds From 1 st January 2013 the Member with lead responsibility for any committee or panel responsible for the selection of Members of Chambers, Pupils, or staff and at least one member of the selection panel, who may be the same person, will have received recent and appropriate training in the fair recruitment and selection processes, except in unforeseen and exceptional circumstances (Para 408.2 (b) Bar Standards Board Code of Conduct) From 1 st July 2014, save in exceptional circumstances, every member of all selection panels involved in the recruitment of Members, Pupils and clerks must be trained in fair recruitment and selection processes (Paragraph 408.2(c) Bar Standards Board Code of Conduct.) Interviewing 19. All interviews will be carried out by a minimum of 2 people, the names and gender of interviewees will be made available in advance to the panel. 20. The questions asked will seek to gather objective evidence in support of the job description and person specification. The same questions will be asked of all candidates applying for the job. There may be follow-on questions which lead from individual candidate s answers which may differ between candidates. 21. Disabled candidates will be asked if they need support during the interview process or adjustments should they be offered the position. 22. Notes will be taken and evidence gathered against the job description and person specification. Selection 23. All candidates will be scored against the job description and person specification. The highest scoring applicant will be offered the position.
24. Offers will be made to successful candidates, subject to satisfactory references and CRB check where required. Induction and training 25. All Members of Chambers, Pupils and employees will be required to follow an appropriate induction process to ensure they are equipped to do the job. 26. All Members of Chambers, Pupils and employees will receive training on the Equality and Diversity policy, procedures and action plan as part of their induction. Recruitment monitoring 27. All applicants to Chambers, Pupillage and staff will be asked voluntarily to complete an anonymous monitoring form as part of the application pack. 28. The 2001 Census categories will be used in order to monitor ethnicity of Members of Chambers, Pupillage and staff (as recommended by the Commission for Racial Equality). An additional category for Gypsies and Travellers will be included. 29. The monitoring form will monitor age, race, ethnic origin, religion, gender, socio economic status, disability and caring responsibilities. Recruitment statistics for Members of Chambers and staff will be produced on an annual basis and presented to the Management Committee and with the exception of sexual orientation and religion published on the Chambers website. The Pupillage statistics will be produced every three years. Current Members, Pupils and staff Fair Access to work and the allocation of unassigned work 30. 23 Essex Street will conduct the affairs of Chambers in a manner which is fair and equitable for all Members and Pupils. 31. This will include, but is not limited to, the fair distribution of work amongst Pupils and Members. 32. Fair access to work includes fair distribution of work. 33. 23 Essex Street will act appropriately on all inappropriately discriminatory instructions in relation to Members or Pupils. This may include the refusal to accept instructions and/or the reporting of an instructing solicitor to the appropriate disciplinary body. 34. 23 Essex Street will ensure that all marketing and networking activities are inclusive and are publicised and monitored so as to ensure equal opportunity, a well as access to all to all career enhancing activities.
Flexible Working 35. 23 Essex Street will consider all requests for flexible working arrangements constructively and creatively, taking account of the balancing the needs of the organisation with the needs of the individual member of chamber, pupil or staff. 36. 23 Essex Street will offer a range of flexible working arrangements and will work collaboratively to identify solutions that suit both the individual and the organisation. For further details see the Flexible Working Policy. Promotion 37. All vacancies will be advertised internally and externally, where appropriate. Training 38. All Members of Chambers, Pupils and staff should have access to a wide range of training opportunities which are regularly circulated. 39. Training opportunities will be discussed during supervision sessions and selection for training will be made on the basis of both the needs of the business set out in the Business Plan and the personal development of the individual. 40. Special needs and requirements for people with disabilities or caring responsibilities will be taken into account whenever practicable and methods sought to help them overcome disabilities in taking up training opportunities. 41. Members of Chambers and Staff with management, recruitment and selection responsibilities will be given guidance in the implementation of the Equal and Diversity Policy to ensure that they understand their position in law and under the Chambers policy. 42. Induction training will include an explanation of the Equal Opportunity Policy and a requirement to undertake formal training. Cultural and religious needs 43. Where Members of Chambers, Pupils and staff have particular cultural and religious needs, 23 Essex Street will consider whether it is reasonably practicable to meet these needs while maintaining the efficiency of the business. People with disabilities 44. 23 Essex Street will make efforts to recruit people with disabilities and take reasonable steps to make the work place and individual jobs accessible to people with disabilities. 45. 23 Essex Street will regularly review its facilities for disabled Members of Chambers, Pupils and staff and will try to overcome any problems faced wherever practicable and within reasonable resources available. 46. 23 Essex Street will ensure that people have maximum access to employment opportunities and to meetings and events, regardless of any disability.
Grievance and Disciplinary Procedures 47. 23 Essex Street will take seriously any complaints of discrimination and will not victimise people who make such complaints. 48. Members of Chambers, Pupils and staff will be made aware as part of the induction process of their responsibilities in relation to Equality and Diversity and that discriminatory behaviour will be fully investigated and dealt with using the Chambers Disciplinary Procedures or reported to the Bar Standards Board. Bullying and Harassment 49. Harassment is defined as any form of unwanted conduct relating to age, disability, gender re-assignment, race, religion/belief, sex or sexual orientation which has the aim or effect of violating a person s dignity or which creates an intimidating, hostile, degrading, humiliating or offensive environment. 50. 23 Essex Street upholds the right of all Members of Chambers, Pupils and staff to be treated with respect and dignity and to work in an atmosphere free of bullying and harassment. 51. All Members of Chambers, Pupils and staff are responsible for ensuring that their own behaviour is sensitive to others and for ensuring that they do not condone or support the bullying or harassing behaviour of others. 52. All complaints of bullying and harassment will be treated seriously and should be raised using the Grievance Procedure. All complaints will be investigated and where appropriate, the Disciplinary Procedures will be followed. 53. 23 Essex Street has a Harassment Policy in force and this Equality and Diversity policy should be read in conjunction with the full Harassment Policy. Equality Monitoring Monitoring Members of Chambers, Pupils and Staff 54. Members of Chambers, Pupils and Staff will be asked to fill out a monitoring form on joining Chambers and annually thereafter. The monitoring forms will be reviewed on an annual basis and statistics presented to the Management and Clerks Committee and published annually on the Chambers website. 55. The monitoring form will enable Chambers to review the number and percentages of staff, barristers and Pupils from different groups 56. Applicants to Chambers for tenancy, Pupillage or employment will be asked to fill out a monitoring form this will enable Chambers to review applications for Pupillage, staff and Membership of Chambers from different groups. 57. The Senior Clerk will ensure that the allocation of all unassigned work is monitored.
58. This monitoring will enable Chambers to review the allocation of unassigned work to different groups. 59. The review of the monitoring forms for existing Members, Pupils and staff and applicants for tenancy, Pupillage or employment and the monitoring of the allocation of unassigned work will include The collecting and analysing of data broken down by race, disability and gender; Investigating the reasons for any disparities in that data; and Taking appropriate remedial action. 60. In the case of the monitoring of Members and staff and applicants for tenancy and employment and the allocation of unassigned work this will be reviewed annually. 61. In the case of application for Pupillage the review will be every three years. Investigation of Disparities 62. This will include an investigation into: Under/over representation of groups; Absence of groups; Success rates of groups; and Under/over allocation of work to particular groups. Remedial Action 63. Where a disadvantage to a particular group is identified action will be aimed at removing or reducing the disadvantage where ever possible. 64. This Policy will be in force from 20 th February 2013.