Female barristers demand greater action on harassment
The UK legal profession is plagued by a “culture of fear” around reporting sexual harassment and bullying, according to the country’s Association of Women Barristers (AWB).
The AWB released its report on “Moving towards a zero-tolerance attitude to harassment and bullying at the Bar” on Monday, September 30 following a roundtable discussion in which practitioners contributed their experiences and views.
In the report, co-authored by Lynne Townley, lecturer at the City Law School, University of London and circuit judge Katy Kaul, participants in the roundtable said they had observed several practices which “created an atmosphere that permitted harassment and bullying to thrive”.
According to participants, these are of particular concern during pupillage, during which a trainee lawyer apprentices to a qualified barrister. This is “due to the existence of obvious power imbalances,” the report said.
The roundtable found that pupils were at risk of being bullied by those in more senior positions, and were often afraid that reporting incidents of harassment could be “career-ending”.
Participants also observed incidents of harassment at court, including male barristers commenting on female colleagues’ appearance.
Amanda Pinto, chair-elect of the Bar Council of England and Wales, said she welcomed the report as an “important piece of work”.
“When a young barrister and subjected to such behaviour myself, I believed that if I told anyone about it, I would be viewed as a troublemaker and the end of my career would inevitably follow,” Pinto said.
“Together with closer liaison between the Bar and the judiciary to stamp out bullying and harassment, I am hopeful that we can change behaviours affecting barristers,” she added.
The AWB observed that there are particular obstacles for pupils who are pregnant or breast-feeding. According to the report, it was difficult for these pupils to fit into the work schedule expected of them, which often includes covering hearings at short notice and travelling long distances.
Criticism was also directed at the lack of breast-feeding facilities and unisex toilets at many courts.
“The failure to provide for these most basic of needs can lead to feelings of exclusion and feelings of ‘not belonging’ at the Bar,” the report said.
The AWB called on the UK’s Court and Tribunals Service (CTS) to ensure appropriate facilities are present at courts around the country. WIPR has contacted the Ministry of Justice, which oversees the CTS, for comment.
Participants called for training to be introduced for judges, barristers and clerks on awareness of harassment and bullying, unconscious bias, and equality and diversity.
The report also urged barristers’ chambers to put in place policies to tackle harassment and bullying, as well as a more flexible approach to maternity leave.
Richard Atkins, chair of the Bar Council, told WIPR that the report “highlights a number of issues that the Bar as well as other professions must not tolerate”, and said the Bar Council had “taken the lead in challenging the types of behaviour identified”.
“The Bar Council has recently launched its ‘ Talk to Spot’ online reporting tool, which allows barristers to record and, if they choose, report inappropriate behaviour anonymously without fear that it will impact on their careers,” Atkins said.
He added: “Across the country, each of the circuits now has a women’s forum to help promote and support women at the Bar. In addition, there is a range of Bar Council support available for barristers and chambers aimed at stamping out discrimination in our profession.”
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