Part II Employment
F1Barristers and advocates
E17ABarristers: discrimination and harassment
1
It is unlawful for a barrister or a barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a disabled 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 a barrister’s clerk, in relation to a disabled pupil or tenant in the set of 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 which are afforded or denied to him;
d
by terminating his pupillage or by subjecting him to any pressure to leave the chambers; or
e
by subjecting him to any other detriment.
3
It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy, to subject to harassment a disabled person who is, or has applied to be, a pupil or tenant in the set of chambers in question.
4
It is also unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against a disabled person or to subject him to harassment.
5
In this section and in section 7B—
“barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk;
“pupil”, “pupillage” and “set of chambers” have the meanings commonly associated with their use in the context of barristers practising in independent practice; and
“tenancy” and “tenant” have the meanings commonly associated with their use in the context of barristers practising in independent practice, but they also include reference to any barrister permitted to practise from a set of chambers.
Ss. 7A-7D and cross-heading inserted (E.W. for ss. 7A, 7B, S. for ss. 7C, 7D) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 8 - see also s. 70(5A)(5B) of this Act.