Equality and Diversity

Question 1

What must every chambers or BSB entity have in place for E&D?

Answer 1

Statement of policy for E&D
Written plan for policy 
E&D officer
Diversity Data officer 
Reasonable adjustment policy
Equality monitoring 
Parental leave 
Flexible working

Question 2

What is direct discrimination?

Answer 2

A discriminates against B if:

Because of a protected characteristic, A treats B less favourably than A would treat others.

Question 3

What is indirect discrimination?

Answer 3

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

Question 4

Is discrimination ever lawful?

Answer 4

It’s not unlawful if it is a proportionate means of achieving a legitimate aim

Question 5

What is S47 Equality act?

Answer 5

protects pupils from discrimination when applying for pupillage or tenancy and protects barristers.

Question 6

What is the disciplinary action for discrimination?

Answer 6

Isolated incident with limited impact:
Starting point - medium level fine

Over extended period of time and was in a position of power:
Starting point - high level fine or short suspension

Physical or particularly strong verbal actions towards vulnerable individual or group:
Starting point - Medium suspension to disbarment

Question 7

What is unconscious bias?

Answer 7

When people favour others who have similar characteristics/values to them.

Question 8

What is the halo effect?

Answer 8

Type of unconscious bias.

Ascribing a positive trait to someone on the basis of a superficial characteristic without knowing any more about them.

Question 9

How can we avoid unconscious bias?

Answer 9

Be aware of it
Consider issues properly
Get to know a wider range of people, properly.
Focus on positive behaviour not negative.