A. Commitment
1. General Commitment: Liberty Legal Solicitors (hereinafter ‘the firm’) is committed to eliminating discrimination and promoting equality and diversity in its own policies, practices, and procedures and in those areas in which it has influence. This applies to the firm’s dealings with members of the firm (which in this policy shall include the firm’s employees, partners and any self-employed person engaged by the firm) and other solicitors, barristers, clients and third parties.
The firm will treat everyone equally and with the same attention, courtesy and respect and will not discriminate without lawful cause against any person, nor victimise or harass them on the grounds of their race or racial group (including colour, nationality and ethnic or national origins) gender (including marital status, gender reassignment, pregnancy, maternity, and paternity), sexual orientation (including civil partnership status), religion or belief, age, or disability.
The firm will take such steps and make such adjustments as are necessary in all the circumstances to prevent any members of the firm and clients from being placed at a substantial disadvantage in comparison with those who are not disabled.
2. Regulation and legislation: In implementing its equality and diversity policy, the firm will comply with the SRA handbook (as approved by the Legal Services Board (LSB) on 17 June 2011 and implemented on 6 October 2011), and with current and any future anti-discrimination legislation and associated codes of practice and any relevant amendments or re-enactments of such legislation and any relevant amendments to such codes or further codes of practice.
B. Liberty Legal Solicitors as an employer: As an employer, the firm will treat all members of the firm and job applicants equally and fairly and not discriminate unlawfully against them. This will, for example, include arrangements for recruitment and selection, terms and conditions of employment, access to training opportunities, and access to promotion and transfers, grievance and disciplinary processes, demotions, selection of redundancies, dress code, references, bonus schemes, work allocation and any other employment related matters.
1). Recruitment and selection: the firm recognises the benefits of having a diverse workforce and will take steps to ensure that:
· It endeavours to recruit from the widest pool of qualified candidates possible.
· Employment opportunities are open and accessible to all based on their individual qualities and personal merits.
· Selection criteria and processes do not discriminate on any of prohibited grounds referred to a above.
· All recruitment agencies acting for the firm are aware of it requirement not to discriminate and to act accordingly.
2). Conditions of Service: the firm will create a working environment which is free from discrimination, victimisation, and harassment and which respects the diverse backgrounds and beliefs of members of the firm.
Terms and conditions of service fro members of the firm will comply with anti-discrimination legislation. The provisions of benefits schemes working hours, maternity and other leave arrangements, performance appraisal systems, dress code, bonus schemes and any other conditions of employment will not discriminate against any member of the firm on any o the prohibited grounds referred to above. Where appropriate and necessary, the firm will endeavour to provide appropriate facilities and conditions of service which consider the specific needs of members of the firm.
3). Promotion and career development: Promotion within the firm will made without reference to any of the prohibited grounds referred to above and will be based solely on merit. The selection criteria and processes for recruitment and promotion will be kept under review to ensure that there is no unjustifiably discriminatory impact on any particular group. Whilst positive action measures may, where lawful, be taken in accordance with relevant anti-discrimination legislation to encourage members of under-represented groups to apply for promotion opportunities, recruitment or promotion to all jobs will be based solely on merit. All employees will have equal access to training and other career development opportunities appropriate to their experience and abilities. However, the firm will take appropriate positive action measures ( as permitted by anti-discrimination legislation) to provide special training and support for members of groups which are under-represented in the workforce and encourage them to take up training and career opportunities.
C. Barristers and other third parties
1). Barristers: they should be instructed on the basis of their skills, experience and ability. The firm will not, on any of the prohibited grounds referred to above, avoid briefing a barrister and will not request barristers’ clerks to do so. Clients’ requests for a named barrister should be complied with, subject to the firm’s duty to discuss with the client the suitability of the barrister and to advise appropriately. The firm will discuss with the client any request by the client that only a barrister who is ( for example ) not disable or who is of a particular gender, marital status, race, racial group, colour, ethnic or national origin, nationality, religion or belief, age, or sexual orientation be instructed. In the absence of a valid reason for the this request, which must be within any exemptions permitted by the anti-discrimination legislation, the firm will endeavour to persuade the client to modify their instructions insofar as they are given on discriminatory grounds. Should the client refuse to modify such instructions, the firm will cease to act.
2). Suppliers: All lists, if any, of approved suppliers and databases of contractors, agents and other third parties who, or which, are regarded as suitable to be instructed by those within the firm have been or will be complied only on the basis of the ability of those persons or organisations to undertake work of a particular type and do not or will not contain discriminatory exclusion, restrictions or preference.
D. Clients
The firm is generally free to decide whether to accept instructions from any client, but any refusal to act will not be based upon any of the prohibited grounds referred to above. The firm will take steps to meet the different needs of clients arising from its obligations under ant-discriminatory legislation. In addition, where necessary and where it is permitted by the relevant anti-discrimination legislation (for example, provisions relating to positive action or exemptions) the firm will seek to provide services which meet the specific needs and requests arising from client’ ethnic or cultural background, age, gender, responsibilities as careers, disability, religion or belief, sexual orientation, or other relevant factors.
E. Promoting equality and diversity.
The firm is committed to promoting equality and diversity in the firm as well as in those areas in which it has influence. Members of the firm will be informed of this policy. Furthermore, all those who act on the firm’s behalf will be informed of this equality and diversity policy and will be expected to pay due regard to it when conducting business on the firm’s behalf. In all its dealings, including those with suppliers, contractors and recruitment agencies, the firm will seek to promote the principles of equality and diversity. The firm will make every effort to reflect its commitment to equality and diversity in its marketing and communications activities.
F. Implementing the Policy
Responsibility: ultimate responsibility for implementing the policy rests with the Head of practice of the firm. He will be responsible for the operation of the policy. All members of the firm expected to pay due regard to the provisions of this policy and are responsible for ensuring compliance with it when undertaking their jobs or representing the firm. Any breach of this policy by members of the firm will result in disciplinary action.
Complaints of discrimination: The firm will treat seriously and will take action where appropriate concerning all complaints of breaches of this policy made by members of the firm, clients, barristers or other third parties. All complaints will be investigated in accordance with the firm’s grievance, disciplinary and/or complaints procedures and the complainant will be informed of the outcome.
Monitoring and review: This policy will be monitored and reviewed in a manner proportionate to the size and nature of the firm on a regular basis to measure its progress and judge its effectiveness. In particular, the firm will, as appropriate ( but without requiring any member of the firm to provide information should the not wish to do so), monitor and record:
a) The gender and ethnic composition of members of the firm as well as the number of disabled staff, at different levels of the firm.
(b) The ethnicity, gender and disability of all applicants, short-listed applicants and successful applicants for jobs and training contracts
(c) The ethnicity, gender, and disability of all applicants for promotion (including to the Head of Practice/LLP members) and training opportunities and details of whether they were successful.
(d) Where it is possible to do so, and where doing so will not cause offence or discomfort to those whom it is intended to protect, the sexual orientation and religion or belief of all members of the firm will be monitored to ensure that they are not being discriminated against in terns if the opportunities or benefits available to them.
(e) The number and outcome of complaints of discrimination made by members of the firm, barristers, clients and other third parties.
(f) The disciplinary action (if any) taken against members of the firm by race, gender and disability.
This information will be used to review the progress and impact of the equality and diversity policy. Any changes required will be made and implemented.
G. Application and status of this policy
This policy is not part of any contract of employment or partnership agreement and may be changed at any time.
Notwithstanding the above, it is requirement of the firm that all members of the firm comply with this policy and with the provision of the SRA Handbook.
H. Publication of this policy
Every member of the firm receives a copy of this policy, and it will be available on request to any client and to the SRA.