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.
