1.2 Equality and Diversity

Question 1

Which rule prohibits discrimination?

Answer 1

rC12

You must not discriminate unlawfully against, victimise or harass any other person on the grounds of race, colour, ethnic or national origin,
nationality, citizenship, sex, gender re-assignment, sexual orientation, marital or civil partnership status, disability, age, religion or belief, or
pregnancy and maternity.

[Reflects the protected characteristics in the Equality Act 2010. Related to CD8.]

Question 2

In which section of the Code of Conduct do the rules on equality and diversity appear?

Answer 2

Section D

Question 3

Which rules in the Code of Conduct deal with equality and diversity?

Answer 3

rC110-12

rC110 is the long one.

Question 4

What are the outcomes for rC110?

Answer 4

oC28 Self-employed barristers, chambers and BSB entities run their practices without discrimination.

oC29 Pupils are treated fairly and paid in accordance with the Pupillage Funding Rules.

Question 5

What are the two types of discrimination?

Answer 5

Direct discrimination:

A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

Indirect discrimination:

A policy, practice or rule which applies to everybody in the same way but places people who share a protected characteristic at a disadvantage.

[See the Explanatory Notes to the Equality Act 2010, ss.13 and 15.]

Question 6

When is discrimination lawful?

Answer 6

When it is a proportionate means of achieving a legitimate aim.

Question 7

Which section of the Equality Act 2010 concerns barristers?

Answer 7

Section 47

Outlaws discrimination on grounds of protected characteristics against and between pupils and barristers.

Question 8

What are the penalties for barristers who unlawfully discriminate?

Answer 8

BTAS guidance:

· Isolated incident of limited impact: medium fine.

· Extended period of time and/or the barrister is in a position of power or supervisory: suspension or high level fine.

· Physical or particularly strong verbal actions towards a vulnerable individual or group: medium suspension to disbarment.

Question 9

Which Core Duty deals with discrimination?

Answer 9

CD8

You must not discriminate unlawfully against any person.