Equality, diversity and inclusion
Equality, diversity and inclusion
Barristers fear ‘detrimental consequences’ after new duty proposed
Barristers in England and Wales will be under a duty to “act in a way that advances equality, diversity and inclusion” if proposals by their regulator are implemented.
The Bar Standards Board has launched a consultation on replacing a current “core duty” in its handbook which tells barristers they must not “discriminate unlawfully against any person”. The new requirement would apply to all barristers when practising or providing legal services in other ways.
Explaining its proposals yesterday, the regulator said:
Our research into pay at the bar shows that female barristers are likely to earn less than male barristers and that those who are from minoritised1 ethnic backgrounds are likely to earn less than white barristers.
We have also found that criminal, family, and immigration law have the highest proportion of pupillage recruitment from those who attended state schools, whereas areas of practice that may attract higher fees, such as commercial law and personal injury law, have the highest proportion of pupils who attended fee-paying schools.
Similar patterns can be seen in relation to ethnic background. In addition to these inequalities, surveys repeatedly show that bullying and harassment remain prevalent, indicating the need for cultural change at the bar.
In a separate move, the regulator is considering whether barristers’ chambers should take steps to ensure that their premises are fully accessible. That would mean providing access to buildings and facilities for people with mobility impairments.
Some barristers practise from premises that date back to the 17th century. But the Bar Standards Board thinks it might be easier for chambers to modify listed buildings if accessibility becomes a regulatory requirement.
Outcomes
A further proposal in the consultation paper is that barristers should take reasonable steps to promote specified outcomes. These are to:
eliminate unlawful discrimination and advance equality of opportunity, particularly in relation to recruitment, retention and progression;
prevent bullying, harassment, and victimisation, and have systems in place to respond to such behaviour;
ensure equal access to their services; and
promote an inclusive culture.
Bar Council response
The Bar Council, which represents barristers, accepts that providing an effective regulatory framework on equality, diversity and inclusion is essential. It is “deeply committed” to supporting and improving these objectives.
But it added that “radical change is certainly disruptive and may have unintended detrimental consequences”.
The representative body has previously raised concerns over the proposed move to outcomes-based regulation. It said earlier this year:
An outcome is, by its nature, an inherently vague exposition of a desired result. Barristers generally work long hours in an intellectually demanding job. Reading, considering and understanding outcomes, then devising ways to achieve them, is not a task that they have time or incentive to carry out.
Sam Townend KC, chair of the bar, said yesterday that the Bar Council “will need to consider whether the Bar Standards Board’s proposals for outcomes-based equality, diversity and inclusion regulation sufficiently address the challenges we identified”.
He added: “It is clear that the proposals in the Bar Standards Board’s consultation will affect the profession significantly and the Bar Council will scrutinise the consultation carefully. We encourage everyone at the bar to do the same.”
“Minoritised”, in the consultation paper, refers to those who are under-represented and/or disadvantaged within the profession.
The decision whom to brief - which determines all other outcomes - is taken by solicitors and their lay clients in discussions which are as deeply privileged as communications can be. Does the regulator propose changing that?
Some people have too much time on their hands. They should get out more!
Harry Potter barrister disbarred by BSB. Mr Ronald Bean (a practising barrister) was ordered to be disbarred by a BSB disciplinary tribunal which concluded on 4 September 2025 following findings of professional misconduct in relation to charges brought by the Bar Standards Board (BSB).
The Tribunal found that, in representing Ms Rowling, Mr Bean had implicitly supported her views, namely endorsed social hierarchies, failed to support the lead character's status as a feminist model, depicted superior races as having a moral obligation of tolerance and altruism towards lesser races, and found the portrayal of house-elves as 'extremely troublesome' being written as happy in their slavery. In particular, Hermione's efforts on their behalf were considered to be naïve rather than explicitly depicting equality. In so doing, the barrister had failed to promote equality, diversity and inclusion.
Commenting on the order, a BSB spokesperson said: “Our mission is to regulate barristers and specialised legal services businesses in England and Wales in the public interest. The BSB Tribunal found that Mr Bean had acted in a way as to bring the profession into disrepute and the decision to disbar Mr Bean reflects the fact that failure to promote equality, diversity and inclusion is wholly incompatible with membership of the Bar.”
This decision is not open to appeal.
Ms Silver Skinn-O'Nion KC, commenting on the decision said, "The Bar of England and Wales has to waken up to the fact that barristers cannot determine what they do and who they represent. If, as a result of their inability to promote the BSB's new standards, a barrister fails to use inclusive pronouns, denies biological sex or fails to demonstrate that their friend-group is culturally and ethnically diverse, they will be removed from the profession."