Part 5

Work
Chapter 1

Employment, etc.

The Bar

Advocates
48
1
An advocate (A) must not discriminate against a person (B)—
a
in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable;
b
as to the terms on which A offers to take B as A's devil or offers B membership of a stable;
c
by not offering to take B as A's devil or not offering B membership of a stable.
2
An advocate (A) must not discriminate against a person (B) who is a devil or a member of a stable—
a
as to the terms on which B is a devil or a member of the stable;
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 A's relationship with B (where B is a devil);
d
by subjecting B to pressure to leave the stable;
e
by subjecting B to any other detriment.
3
An advocate must not, in relation to a relationship with a devil or membership of a stable, harass—
a
a devil or member;
b
a person who has applied to be taken as the advocate's devil or to become a member of the stable.
4
An advocate (A) must not victimise a person (B)—
a
in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable;
b
as to the terms on which A offers to take B as A's devil or offers B membership of a stable;
c
by not offering to take B as A's devil or not offering B membership of a stable.
5
An advocate (A) must not victimise a person (B) who is a devil or a member of a stable—
a
as to the terms on which B is a devil or a member of the stable;
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 A's relationship with B (where B is a devil);
d
by subjecting B to pressure to leave the stable;
e
by subjecting B to any other detriment.
6
A person must not, in relation to instructing an advocate—
a
discriminate against the advocate by subjecting the advocate to a detriment;
b
harass the advocate;
c
victimise the advocate.
7
A duty to make reasonable adjustments applies to an advocate.
8
This section (apart from subsection (6)) applies in relation to an advocate's clerk as it applies in relation to an advocate; and for that purpose the reference to an advocate's clerk includes a reference to a person who carries out the functions of an advocate's clerk.
9
“Advocate” means a practising member of the Faculty of Advocates.
Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5
Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))