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Pupillage Ethics > Equality Rules > Flashcards

Equality Rules Flashcards

1
Q

What are the protected characteristics under law?

A
  1. race (including colour, nationality and ethnic or national origins)
  2. sex
  3. pregnancy and maternity
  4. disability
  5. sexual orientation
  6. marriage and civil partnership
  7. religion or belief
  8. age
  9. gender reassignment
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2
Q

What are the main types of prohibited conduct?

A
  1. direct discrimination
  2. discrimination arising from disability
  3. indirect discrimination
  4. failure to make reasonable adjustments
  5. harassment
  6. victimisation
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3
Q

What are the two main areas in which discrimination is prohibited?

A
  1. employment
  2. service delivery (characteristics of age and marriage/civil partnership are excluded)
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4
Q

What are the specific provisions in equality legislation that cover barristers and clerks in relation to?

A
  1. the decision A makes for deciding to whom to offer a pupillage or tenancy
  2. the term son which B is a pupil or tenant
  3. the way in which a pupil or tenant is afforded access to opportunities for training or gaining experience or for receiving any other benefit, facility or service.
  4. termination of pupillage or tenancy
  5. harassment of pupils or tenants
  6. victimisation of pupils or tenants.
  7. discrimination against barristers including victimisation and harassment
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5
Q

What does the characteristic of race include?

A

colour, nationality and ethnic or national origins

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6
Q

what does the characteristic of sex protect?

A

both men and women from discrimination on grounds of sex

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7
Q

What is included in the characteristic of disability?

A

a person has a disability if s/he has a psychical or mental impairment which has a substantial and long term adverse effect on his or her ability to carry out normal day to day activities:
- disability includes not only physical disability but also mental impairments such as bipolar disorder.

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8
Q

What is direct discrimination?

A

a person directly discriminates against another if because of a protected characteristic s/he treats that person less favourably than s/he treats or would treat others

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9
Q

Can direct discrimination be justified?

A

With the exception of certain types of age discrimination, it cannot be justified.

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10
Q

Can it still be unlawful to discriminate even if the perception is false?

A

Yes

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11
Q

What is discrimination arising from disability?

A

A person discriminates against a disabled person if s/he treats that person unfavourably because of something arising in consequence of that persons disability and it cannot be shown that such treatment is a proportionate means of achieving a legitimate aim.

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12
Q

What is indirect discrimination?

A

indirect discrimiantion occurs where an apparent neutral provision, criterion or practice has, or would have a disadvantageous impact upon a particular group compared with others.

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13
Q

Can indirect discrimination be justified?

A

it can if it is a proportionate means of achieving a legitimate aim.

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14
Q

What is the duty to make adjustments?

A

where a provision, criterion, physical feature or practice puts a disabled person at a substantial disadvantage in comparison with non-disabled people, the law places a duty on individual barristers to take such steps as are reasonable to avoid the disadvantage.

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15
Q

What is harassment?

A

any form of unwanted conduct in relation to a relevant protected characteristic which has the effect or purpose of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

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16
Q

can a single incident constitute harassment?

A

yes, if it is sufficiently serious

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17
Q

What is victimisation?

A

a person victimises another person if s/he subjects that person to a detriment because s/he believes that person has done or is about to do a protected act such as:
1. giving evidence in proceedings relating to an act or acts of discrimination
2. bringing proceedings relating to an act or acts of discrimination
3. making an allegation of discrimination
4. doing any other thing for the purposes of equality legislation or in connection with it.

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18
Q

What is positive action?

A

where a person reasonably believes that persons with a shared protected characteristic sugar a disadvantage, have particular needs or are disproportionately under-represented, that person may take any step to encourage or enable that group to overcome or minimise the disadvantage

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19
Q

where would be a good example of where positive action might be taken?

A

to improve under representation of particular groups in pupillage and tenancy as well as any employed position in chambers.

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20
Q

What actions could be considered positive actions?

A

encouragement to disadvantaged groups to apply for a particular type of work, and/or training to help fit them for that work or providing those from groups under-represented in chambers with additional training and encouragement to apply for positions.

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21
Q

What is discrimination by people with the same protected characteristic?

A

individuals with the same protected characteristic can discriminate unlawfully against each other

22
Q

Is unintentional discrimination a defence?

A

no, it is not a defence for discrimination, harassment or victimisation that there was no intention to discriminate.

23
Q

What Core Duty deals with the duty to not discriminate?

A

Core Duty 8

24
Q

What is core duty 8 supplemented by?

A

rC12

25
Q

What is the wording of CD 8?

A

“You must not discriminate unlawfully against any person”

26
Q

What is the wording of rC12?

A

“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, pregnancy and maternity, religion or belief.”

27
Q

Do the requirements under CD8 apply to employed and self-employed barristers?

A

yes.

28
Q

Who does the barristers duty to not discriminate extend to?

A

to a barrister’s relationship with “any other person” in the court of his/her professional dealings, including:
1. clerks and other chambers’ staff
2. clients
3. court staff
4. instructing solicitors and their staff
5. judges
6. other barristers
7. pupils

29
Q

What does the law on fair access to work also prohibit in relation to the issuing of instructions?

A

the issuing of instructions to discriminate, or exerting pressure to discriminate on any of the protected grounds

30
Q

What does Rule C110(3)(i) require from chambers in regard to their affairs?

A

that the affairs of chambers are conducted in a manner which is fair and equitable for all members of chambers, pupils and/or employees. This includes, but is not limited to, the fair distribution of work opportunities amongst pupils and members of chambers

31
Q

What is the guidance for the allocation of work for chambers?

A

the development of a successful practice is often influenced by the range and quality of instructions received by a barrister, particularly during the pupillage and in the early stages of their career. Chambers should seek to ensure where possible that instructions and briefs are not delivered by solicitors at such times as to preclude those with childcare and other dependent care commitments from being eligible for that work.

32
Q

What is the recommended policy for chambers who take pupils?

A

a policy of actively rotating briefs to ensure that pupils in their second-six receive a fair range of different types of work. it is also recommended that reviews with pupils and started tenants include a discussion of the types of work they have received to ensure that this is supporting their development

33
Q

What does section 47(6) Equality Act 2010 make unlawful?

A

for any person in instructing a barrister, to discriminate against them.

34
Q

Who does the law under section 47(6) extend to??

A

clients, clerks and solicitors.

35
Q

What should clerks do if a solicitor refuses to modify or withdraw the request and insists on a discriminatory allocation of work?

A

the work should be politely refused, the clerk should make a full note of the incident immediately and the solicitor should be reported to his or her professional disciplinary body.

36
Q

What should chambers do with regards to practice development?

A

they should arrange regular practice development meetings for tenants

37
Q

What should the purpose of practice development meetings be?

A

to enable the discussion of work allocation, work opportunity and development of individual practices.

38
Q

What should chambers ensure regarding marketing and networking activities?

A

that the giving and attending of seminars and lectures are organised so that all pupils and tenants, so far as practicable can be involved

39
Q

What is harassment?

A

any form of unwanted conduct relating to age, disability, gender reassignment, race, religion or belief, sex or sexual orientation which has the all or effect of violating a person’s dignity, or which creates an intimidating, hostile, degrading, humiliating or offensive environment.

40
Q

What does rC110(3)(j) require chambers to have?

A

a written anti-harassment policy

41
Q

What must the written anti-harassment policy have as a minimum?

A
  1. states that harassment will not be tolerated or condoned and that employees, members of chambers, pupils and other temporarily in chambers such as mini-pupils have a right to complain if it occurs
  2. sets out how the policy will be communicated
  3. sets out the procedure for dealing with complaints of harassment.
42
Q

What are the recommended steps for chambers when dealing with harassment?

A
  1. active promotion of chambers’ anti-harassment policy by people in senior positions.
  2. training for those in senior or supervisory roles on how to keep the work environment free of harassment and how to deal with it should it occur.
  3. provision of informal means of resolving complaints of harassment in the first instance.
  4. designation of an adviser to assist employees and others subjected tp harassment.
  5. independent, objective, sensitive and fair procedure for the internal investigation of complaints.
  6. a principle of treating violations of the anti-harassment policy as a disciplinary offence.
43
Q

What duty does the Equality Act 2010 contain in relation to people with a disability?

A

the duty to make reasonable adjustments.

44
Q

Can a barrister pass on the costs of making reasonable adjustments to the individual for whom those adjustments are made?

A

No, that would be unlawful.

45
Q

What is regulatory requirement rC110(3)(m)?

A

it requires that chambers has a reasonable adjustments policy aimed at supporting disable clients, its workforce and others including temporary visitors to chambers

46
Q

Who are chambers encouraged to provide training in equality and diversity to?

A

all members of chambers, staff and pupils

47
Q

What are the three requirements of the legal duty to make reasonable adjustments?

A
  1. where there is a provision, criterion or practice which puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled.
  2. where a physical features puts a disabled person at a substantial disadvantage in comparison with persons who are not disabled.
  3. where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in comparison with persons who are not disabled.
48
Q

What is a failure to make reasonable adjustments classed as?

A

discrimination against the disabled person

49
Q

What should reasonable adjustment policies cover?

A
  1. the mechanisms in place for a person to ask for an adjustment to be made
  2. how decisions on reasonable adjustments will be made and by whom
  3. what mechanisms exist to ensure that the relevant factors are considered in reaching a decision as to whether any step is a reasonable adjustment.
50
Q

In relation to service provision, what is unlawful?

A

to discriminate against someone by:
1. refusing or deliberately omitting to provide him or her with the service
2. refusing or deliberately omitting to provide him or her with services of the same or similar quality or standard; and/or
3. refusing or deliberately omitting to provide him or her with services in the same manner and on the same terms as would otherwise be provided.

Pupillage Ethics (24 decks)

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