C1Part III Discrimination in other fields
F1 Barristers
Ss. 26A, 26B inserted by virtue of Courts and Legal Services Act 1990 (c. 41, SIF 37), ss. 64(2), 65(2), Sch. 19 para. 1
26AF2. . . barristers.
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 person—
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 him.
2
It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the chambers in question, to discriminate against him—
a
in respect of any terms applicable to him as a pupil or tenant;
b
in the opportunities for training, or gaining experience which are afforded or denied to him;
c
in the benefits, facilities or services which are afforded or denied to him; or
d
by terminating his pupillage or by subjecting him to any pressure to leave the chambers or other detriment.
3
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person F3or to subject any person to harassment.
F43A
It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.
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.
5
This section does not apply to Scotland.
Pt. III (ss. 17-27) applied (1.9.1999) by 1998 c. 31, ss. 24, Sch. 4 para. 8(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1