Sex Discrimination Act 1975 (repealed)

Barristers E+W+S

35A F1 . . . Barristers. E+W+S

(1) It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a woman—

(a) in the arrangements which are made for the purpose of determining to whom it should be offered;

(b) in respect of any terms on which it is offered; or

(c) by refusing, or deliberately omitting, to offer it to her.

(2) It is unlawful for a barrister or barrister’s clerk, in relation to a woman who is a pupil or tenant in the chambers in question, to discriminate against her—

(a) in respect of any terms applicable to her as a pupil or tenant;

(b) in the opportunities for training, or gaining experience, which are afforded or denied to her;

(c) in the benefits, facilities or services which are afforded or denied to her; or

(d) by terminating her pupillage or by subjecting her to any pressure to leave the chambers or other detriment.

[F2 (2A) It is unlawful for a barrister or barrister's clerk, in relation to a pupillage or tenancy, to subject to harassment a person who is, or who has applied to be, a pupil or tenant in the set of chambers concerned.]

(3) It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, [F3 to—

(a) discriminate against a woman by subjecting her to a detriment, or

(b) subject a woman to harassment.]

.

(4) In this section— “barrister’s clerk”includes any person carrying out any of the functions of a barrister’s clerk; and “pupil”, “pupillage”, “tenancy” and “tenant” have the meanings commonly associated with their use in the context of a set of barristers’ chambers [F4 , but “tenant” shall also include any barrister permitted to work in a set of chambers who is not a tenant (and “tenancy” shall be construed accordingly).] .

(5) Section 3 applies for the purposes of this section as it applies for the purposes of any provision of Part II.

(6) This section does not apply to Scotland.

Textual Amendments

F1 S. 35A: words in heading omitted (1.10.2005) by virtue of The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(2)

F2 S. 35A(2A) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(3)

F3 Words in s. 35A(3) substituted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(4)

F4 Words in s. 35A(4) inserted (1.10.2005) by The Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), reg. 24(5)