About Us

Equal Opportunities

Furnival Chambers is a modern set firmly committed to the active promotion of equal opportunities and to ensuring, at all relevant times, an absence of direct or indirect discrimination on grounds of race, colour, ethnic or national origin, nationality, citizenship, gender, sexual orientation, age, marital status, disability, religion or political persuasion.

Chambers recognises that such a commitment requires that positive steps be taken to identify and eliminate possible areas of discrimination so as to ensure equality of access to all applicants, equality of treatment to all barristers and members of staff and equality of service to both professional and lay clients.

This Code of Conduct reflects our aim that every individual should be accorded equal dignity and respect and be judged on merit and ability alone, free from judgements or treatment based on prejudice or assumptions of collective characteristics. To this end, the booklet provides a framework for the promotion of equal opportunities and the internal resolution of complaints involving members of chambers, pupils, squatters or members of staff. The code also reflects and borrows from the legislative framework provided by Parliament and the more extensive Equality Code provided by the Bar Council and applicable to individual members of chambers by virtue of paragraph 204 and 303 of the Code of Conduct.

Chambers has firmly in mind the objectives outlined as “Action Areas” in the Equality and Diversity Code and recognises the need to implement any provision in this chambers code on equal opportunities in accordance with the aims and intention set out in the more comprehensive Fairness and Equality Code as published by the Bar Council to which reference should be made.

Contents

Defining discrimination

The selection of pupils and tenants

Equality of opportunity in chambers

Maternity leave

Sabbatical leave

Monitoring

Complaints procedure

DEFINING DISCRIMINATION

A member of chambers, whether tenant, pupil, squatter or member of staff must not act in relation to another member of chambers, to a present or aspiring member of the Bar or to a lay or professional client in a manner which directly or indirectly is either discriminatory, consists of harassment or victimises that person on grounds of race, colour, ethnic or national origin, nationality, citizenship, gender, sexual orientation, age, marital status, disability, religion or political persuasion.

DIRECT DISCRIMINATION

Direct discrimination consists of treating such a person less favourably than others are, or would be, treated in the same or similar circumstances.

INDIRECT DISCRIMINATION

Indirect discrimination occurs where four conditions are met: a) a requirement or condition is applied equally to all but a considerably smaller proportion of a relevant group, than of the other persons to whom it applies, can comply with it, b) the particular individual cannot comply with the requirement, c) it results in a detriment to them, and d) the requirement cannot be shown to be objectively justifiable in spite of its discriminatory effect.

HARASSMENT

Harassment creates an intimidating or unpleasant working environment which may affect career advancement and thereby constitute discrimination. It is defined as unwelcome conduct which is offensive to the recipient in that it affects their dignity, where such conduct would not have occurred but for the collective qualities or characteristics of the recipient. Such conduct will be considered as harassment whatever the motive or intention of the perpetrator. It should never be assumed that because a similar remark or act did not appear to cause offence in the past that it is therefore per se inoffensive.

VICTIMISATION

Victimisation consists of less favourable treatment to those who have brought proceedings, or given evidence or information for the purpose of legal or disciplinary proceedings or made a complaint based upon an allegation of discrimination.

THE SELECTION OF PUPILS AND TENANTS

It is extremely important, given the nature of entry into the profession, that selection criteria for pupillage and tenancy should be free from discrimination. In pursuance of this aim chambers undertakes that recruitment policy towards pupils and tenants should:

•be transparent, set out in a document which is available to all upon request,

•not be subject to change during the selection process,

•be based on objective and explicit criteria which relate to the demands of the work, •Save in exceptional circumstances, be applied equally to all potential recruits,

•be free, at all stages, from assumptions based on stereotypical views or expectations of the behaviour and characteristics of any particular group,

•not be subject to the will or unexplained veto of one person alone, but instead reflect the views of a broad spectrum of people.

EQUALITY OF OPPORTUNITY IN CHAMBERS

Distribution of work to all members of chambers, working pupils and squatters must be carried out in a manner that is fair to all and without discrimination. Selection of counsel shall be on the basis of the skills and experience required for the particular case.

In particular, no applicant for pupillage or tenancy shall suffer discrimination:

•in the arrangements which are made for the purpose of determining to whom it should be offered,

•in respect of any terms on which it is offered, or by a refusal, or deliberate omission, to offer it to him/her.

Furthermore, no actual pupil or tenant shall suffer discrimination:

•in respect of any terms applicable to him/her as a pupil or tenant,

•in the opportunities for training, or gaining experience, which are afforded or denied to him/her,

•in the benefits, facilities or services which are afforded or denied to him/her,

•in the volume or type of work which is offered or denied to him/her,

•by termination of his/her pupillage or by subjecting him/her to any pressure to leave the chambers or other detriment.

MATERNITY AND PATERNITY LEAVE

For Women:

A woman tenant's seat in chambers shall remain open initially for 12 months while she takes maternity leave. During such period the tenant shall not pay rent or the 10% of chambers' expenses but shall instead pay an all inclusive 20% of receipts. There is a proviso that no tenant shall pay more in any one month than she would have paid under the system in effect immediately preceding maternity leave.

Before the termination of 12 months' maternity leave, the tenant shall give notice in writing stating whether she will be returning to work and, if so, when that will be. Provided notice has been given, there is no time limit as to how much further leave the tenant may take.

If, at that time, the tenant intends not to return to work and therefore wishes to terminate her tenancy, she shall be liable to the normal six months' notice period on chambers' expenses. If the tenant gives notice that she intends - for instance - to take another 12 months' leave, she shall continue to pay an all inclusive 20% of receipts.

Once the tenant wishes to terminate maternity leave, she may return to work on a part-time basis for a further 12 months or on a full-time basis.

Full-time:

If she returns on a full-time basis, she will need time to build up her practice again. For that reason she will continue to pay an all inclusive 20% of receipts until such receipts in any one month are equal to the average(+/- 10%) of the last three months before she took maternity leave. Once this figure is reached, she shall then move on to the normal payment method of rent plus 10%. This payment method shall be subject to review 12 months after return.

Part-time:

If the tenant returns on a part-time basis, she shall be asked to elect a minimum number of days per month during which she shall be available for work. She shall then be liable to pay rent for this number of days plus 10% of receipts, such rent to be calculated as a fraction of a full month. She shall also be liable to pay for any extra days she actually works over and above the minimum to which she has committed. Again, such rent to be calculated as a fraction of a full month. This payment method will continue in force throughout the 12 months, provided that monthly receipts in any one month do not exceed the average(+/- 10%) of the last three months before she took maternity leave. In the unlikely event that receipts do exceed such a figure, then the tenant shall move on to the normal payment method of rent plus 10%.

If the tenant wishes to continue working part-time after the 12 months have ended, she is asked to approach the Head of Chambers and discuss the matter on an individual basis.

For Men:

A male tenant is entitled to 7 days' rent free upon the birth of a child.

SABBATICAL LEAVE

In addition to maternity leave, any tenant in chambers may take sabbatical leave of up to six months after completing seven years' continuous membership, during which time he/she shall not be liable for the fixed amount (i.e. rent) of chambers' expenses

MONITORING

In seeking to identify and eliminate sources of unintended discrimination, chambers shall monitor both the recruitment of applicants at all stages and the allocation of work between barristers in chambers. The monitoring data is analysed at least once per year and where under-representation of a particular group is identified, chambers will seek to improve the position of the under-represented group. However, chambers will not engage in positive discrimination or quotas as both these practices are unlawful in the UK.

COMPLAINTS PROCEDURE

Chambers recognises that this is a particularly sensitive area where embarrassment, fear of causing a fuss, of being labelled, or of adverse judgement may prevent a complaint being made in the first place. It is chambers' policy, therefore, that, as far as is practicable, names of complainants shall not be released (save to those persons conducting the investigation and to the person complained against) without their consent. Equally, complainants will not be victimised or suffer detriment because of a complaint made in good faith. A number of situations which may give rise to complaint are:

•Selection of pupils, tenants and staff from internal or external applicants

•Conduct of pupillage

•Distribution of work in chambers

•Pressure or instruction to discriminate in the distribution of work

•Harassment or other discrimination originating within or outside chambers

Complaints procedure

A person subject to discrimination in any of these situations may, at their choosing, deal with the matter in a number of ways:

Voicing a concern

Where an aggrieved person merely wishes to voice their concerns and no more they can approach either of the designated representatives for a confidential discussion. This is primarily intended to provide support and advice without the matter going any further.

Informal complaint

The second option is the lodging of an informal complaint. This can be done orally to either of the designated representatives. An informal complaint is designed to act as a method of resolving disputes without the need for a formal investigation to determine the issue. If the complaint concerns the conduct of a person in chambers, it may be that such a person can be made aware that they are causing offence and so cease the offending behaviour. Alternatively, where the complaint concerns a decision taken within chambers, it may be that such a decision can be reviewed or, if appropriate, overturned. An informal complaint may also be made for the purposes of seeking advice.

Formal complaint

The third option is the lodging of a formal complaint. This must be in writing and must set out the allegation(s) complained of as so to enable chambers to carry out a thorough investigation of all the matters concerned. The complainant has a right to make representations and/or to be independently represented as does the person whom the complaint has been lodged against. An investigation should not, save in exceptional circumstances, last longer than six weeks from the date of complaint. Following an investigation, a representative panel of at least three members of chambers will determine the issue. No member of such a panel should have a conflict of interest between themselves and the complainant. If actual or potential discrimination has been found, remedial steps will be taken immediately. These may include a re-evaluation of a decision, a further opportunity to be considered for an interview or a pupillage, tenancy, brief or post as the case may be, a change in working practices, further advice, training or support, comparative monitoring of work allocation and any other action including disciplinary steps against the offender that appear to the panel to be appropriate.

Every complainant has a right to consult with the Bar Council Equal Opportunities Officer for confidential advice and to lodge a formal complaint of professional misconduct with the Bar Council. Complainants of unlawful discrimination have a legal right to apply, subject to time limits, to the County Court or, for chambers' employees, to the Industrial Tribunal. The Commission for Racial Equality and the Equal Opportunities Commission are also available for consultation.