Part 5Work

Chapter 1Employment, etc.

The Bar

47Barristers

(1)

A barrister (A) must not discriminate against a person (B)—

(a)

in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b)

as to the terms on which A offers B a pupillage or tenancy;

(c)

by not offering B a pupillage or tenancy.

(2)

A barrister (A) must not discriminate against a person (B) who is a pupil or tenant—

(a)

as to the terms on which B is a pupil or tenant;

(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 the pupillage;

(d)

by subjecting B to pressure to leave chambers;

(e)

by subjecting B to any other detriment.

(3)

A barrister must not, in relation to a pupillage or tenancy, harass—

(a)

the pupil or tenant;

(b)

a person who has applied for the pupillage or tenancy.

(4)

A barrister (A) must not victimise a person (B)—

(a)

in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b)

as to the terms on which A offers B a pupillage or tenancy;

(c)

by not offering B a pupillage or tenancy.

(5)

A barrister (A) must not victimise a person (B) who is a pupil or tenant—

(a)

as to the terms on which B is a pupil or tenant;

(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 the pupillage;

(d)

by subjecting B to pressure to leave chambers;

(e)

by subjecting B to any other detriment.

(6)

A person must not, in relation to instructing a barrister—

(a)

discriminate against a barrister by subjecting the barrister to a detriment;

(b)

harass the barrister;

(c)

victimise the barrister.

(7)

A duty to make reasonable adjustments applies to a barrister.

(8)

The preceding provisions of this section (apart from subsection (6)) apply in relation to a barrister's clerk as they apply in relation to a barrister; and for that purpose the reference to a barrister's clerk includes a reference to a person who carries out the functions of a barrister's clerk.

(9)

A reference to a tenant includes a reference to a barrister who is permitted to work in chambers (including as a squatter or door tenant); and a reference to a tenancy is to be construed accordingly.