Equality and Diversity Flashcards
Who does the Equality and Diversity Code primarily apply to? and Why?
( - 2 Points)
- Primarily applies to SELF-EMPLOYED barristers
- because EMPLOYED barrister will already be bound by the policies of their employing companies/organisations
Why should vacancies be advertised?
- 1 Point
- because otherwise it places Chambers and individual barristers at risk of ALLEGATIONS of indirect discrimination.
What should be included in advertisements?
- 3 Points
- encouragement of applications from UNDER-REPRESENTED groups
- statement of COMPLIANCE with E&D Code
- statement indicating preparedness to make reasonable adjustments for DISABLED candidates
What kind of selection criteria should be used?
- 3 Points)
Should candidates be provided with the selection criteria in advance?
( - 1 Point)
- should be OBJECTIVE and should relate to work to be done
- should not be SUBJECTIVE e.g. personality-based attributes or behavioural attributes
- should focus on QUALITIES WHICH THEY REQUIRE (hence deducting the opportunity for decisions to be influenced by stereotyping or unwitting prejudice)
- YES. It promotes a consistent and objective approach.
What is harassment?
- 3 Points
- any form of UNWANTED CONDUCT has the AIM or EFFECT of DIMINISHING a person's - DIGNITY - Creating a HUMILIATING or OFFENSIVE environment for that person
How many incidents are required to constitute harassment?
- 1 Point
- a single incident may do so if it is sufficiently SERIOUS
Is motive relevant?
- 1 Point
- No
Intentional harassment is now a criminal offence which covers harassment on any ground. How is harassment defined in this case?
( - 3 Points)
- harassment is the use of THREATENING, ABUSIVE or INSULTING words or behaviour or disorderly behaviour
or display of writing, signs…. which is THREATENING, ABUSIVE or INSULTING
What should a harassment policy contain?
- 2 Points
- a clear SUMMARY of the type of unacceptable behaviour
- PROCEDURES for dealing with complains
How should such a policy operate?
- 3 Points
- should apply to ALL
- personal COPIES should be provided to all
- REACTION to complains should QUICK and APPROPRIATE
What are the usual grounds of harassment?
- 7 Points
- SEX, RACE, DISABILITY, SEXUAL ORIENTATION, RELIGION or BELIEF and AGE (age=professional misconduct)
What are some of the recommended ways to reduce problems of harassment?
( - 6 Points)
- POLICY - Harassment will not be tolerated
- COMMUNICATION of policy
- TRAINING for managers and supervisors to keep the working environment harassment free
- INFORMAL means of resolving harassment
- FORMAL complaints procedure
- procedure for INTERNAL INVESTIGATION
What are some of the informal methods of dealing with harassment?
( - 4 Points)
- TELLING the harasser that their behaviour is unacceptable and asking them to stop immediately
- seeking help/advice of the INN’S STUDENT OFFICER if happens at an Inn
- seeking help/advice of the BAR COUNCIL’S E&D ADVISERS directly or by calling confidential phone number
- seeking help/advice of PUPIL SUPERVISORS or other members of Chambers
What are some of the formal methods of dealing with harassment?
( - 5 Points)
- initiate Chamber’s FORMAL COMPLAINTS or grievance PROCEDURE
- contact RELEVANT INN to make a formal complaint if in relation to an inn event
- complaint to PROFESSIONAL CONDUCT COMMITTEE to initiate special protocol
- contact E&D ADVISERS to initiate Bar Council’s MEDIATION procedure
- in extreme cases complain to the POLICE
What are some ways to bring about effective resolution of grievances?
( - 7 Points)
- written GRIEVANCE PROCEDURE that should include procedures to handle complaints of discrimination and harassment
- Chambers should allocate responsibility of investigation to at least TWO MEMBERS of Chambers, including ONE SENIOR MEMBER each of whom should be familiar with Code of Conduct and E&D Code.
- If there is a CONFLICT OF INTEREST then room for additional members or other nominated persons
- UNDERTAKING that complainants will not be VICTIMISED or suffer DETRIMENT because of a complaint made in good faith
- Complaint should be in WRITING
- TIME LIMIT for written response
Note: Barrister…voluntary subscriptions… may approach Bar Council Arbitration and Conciliation Service to resolve disputes between barristers themselves and between barristers and their clerks.
What implied terms did the new statutory grievance procedure introduce to employment contracts?
( - 2 Points)
- STATUTORY DISMISSAL
- DISCIPLINARY PROCEDURES
Where do complain and grievance procedures stand on ‘confidentiality’?
( - 2 Points)
- Confidentiality should be maintained throughout the investigation process as far as possible and as appropriate.
- Names of the complainants should not be disclosed without consent (other than to those conducting the investigation and the person complained against)
How should Unfair Work Allocation be controlled?
-1 Point
- By establishing REGULAR MONITORING AND REVIEWS
