Equality and Diversity

Question 1

What is the rule that prohibits discrimination?

Answer 1

rule C12 –> must not discriminate unlawfully against, victimise or harass any other person on the grounds of a protected characteristic

Question 2

What should you take steps to ensure regarding equality and diversity?

Answer 2

That at your chambers or BSB entity there is:

1. in force a written statement of policy on equality and diversity;
2. in force a written plan implementing that policy; and
3. the following requirements are complied with… (pg 49 BSB Handbook).

Question 3

What are the requirements to be complied with under page 49 BSB Handbook?

Answer 3

a) chambers or BSB entity has at least one Equality and Diversity Officer.
b) save in exceptional circumstances, every member of all selection panels must be trained in fair recruitment and selection processes
c) recruitment and selection processes use objective and fair criteria.

Question 4

What is the purpose of the rules on equality and diversity?

Answer 4

1) so that those who are self-employed can practice without discrimination; and
2) pupils are treated fairly and paid in accordance with pupillage funding rules.

Question 5

When can indirect discrimination be lawful?

Answer 5

When proportionate means are being used to achieve a legitimate aim.

Question 6

What is the disciplinary action for discrimination?

Answer 6

BTAJS Sanctions Guidance:

• medium level fine if limited impact on complainant
• high level fine or short suspension if extended period of time
• physical or particularly strong verbal action towards a vulnerable individual or group could lead to medium suspension from practice or disbarment.