Harassment up for women at the bar

Women barristers are being hampered by the existence of a culture of fear around reporting bullying/harassment and gender stereotyping, according to a new report.

The Association of Women Barristers’ report, In the age of ‘us too’? Moving towards a zero-tolerance attitude to harassment and bullying in the bar, came about after a survey last year found  that harassment and bullying at the Bar were not only prevalent, but were on the rise.

The findings led the Association to set up a roundtable discussion group which brought together a number of experienced practitioners, many of whom were leaders in their fields and/or had held positions of leadership at the Bar. The aim of the roundtable was to consider how harassment and bullying was affecting the profession and to consider what could be done to assist those who had been bullied or harassed and to seek to establish a zero tolerance attitude to this kind of behaviour in future.

The roundtable dialogue indicated that there were a number of particular issues and attitudes prevailing at the Bar which were of concern because they created an atmosphere that permitted harassment and bullying to thrive. Recurring issues of particular concern to practitioners included the following:

– Power imbalances creating vulnerability, for example, during pupillage and with instructing solicitors.
– Unequal treatment around the distribution of work and inequitable briefing – for example over-looking
women barristers for leading-briefs.
– Inappropriate behaviour in robing rooms and bar messes.
– Barristers being bullied by other barristers and a lack of awareness of the effects of bullying by some
barristers.
– Poor facilities available for women and non-binary people at court centres.
– The existence of a culture of fear around reporting bullying/harassment and gender stereotyping.

The report makes several recommendations. It calls for:

• Male ‘champions’ and mentors to help change the culture
• Established networks and groups advocating for the interests of women, BAME and other underrepresented groups to work together and share good practice
• Specialist anti-harassment/bullying panels to be set-up on all circuits for sharing of best practice
  and establishing of a national awareness event (such as an ‘anti-bullying month’).
• Chambers to put in place anti-harassment/bullying policies (which must be kept under review to
  ensure that they remain fit-for-purpose).
• Chambers to adopt better and more flexible policies in relation to maternity leave and related policies.
• Chambers to enable more flexible clerking regimes to be developed – to take into account part-time working, term-time working and putting in place appropriate plans for maternity leave and return.
• Training to be introduced for judges, barristers and clerks on (i) awareness about bullying/harassment and what constitutes this sort of behaviour, (ii) unconscious bias, and (iii) equality and diversity
• Introduction of an agreed ‘flow chart’ detailing the process to be followed and actions that should be taken by someone who has experienced harassment or bullying and the introduction of a dedicated counselling ‘hotline’.
• Her Majesty’s Court and Tribunals Service (HMCTS) to ensure that there are appropriate facilities in place for the use of women who are breast-feeding/extracting breast milk and for non-binary people throughout the court estate.

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