Barristers

35A Discrimination by, or in relation to, 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 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.

3

It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a woman.

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

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.

Barristers

26A Discrimination by, or in relation to, 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.

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.