Part 5Work
Chapter 1Employment, etc.
The Bar
48Advocates
(1)
An advocate (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable;
(b)
as to the terms on which A offers to take B as A's devil or offers B membership of a stable;
(c)
by not offering to take B as A's devil or not offering B membership of a stable.
(2)
An advocate (A) must not discriminate against a person (B) who is a devil or a member of a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;
(c)
by terminating A's relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(3)
An advocate must not, in relation to a relationship with a devil or membership of a stable, harass—
(a)
a devil or member;
(b)
a person who has applied to be taken as the advocate's devil or to become a member of the stable.
(4)
An advocate (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable;
(b)
as to the terms on which A offers to take B as A's devil or offers B membership of a stable;
(c)
by not offering to take B as A's devil or not offering B membership of a stable.
(5)
An advocate (A) must not victimise a person (B) who is a devil or a member of a stable—
(a)
as to the terms on which B is a devil or a member of the stable;
(b)
in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;
(c)
by terminating A's relationship with B (where B is a devil);
(d)
by subjecting B to pressure to leave the stable;
(e)
by subjecting B to any other detriment.
(6)
A person must not, in relation to instructing an advocate—
(a)
discriminate against the advocate by subjecting the advocate to a detriment;
(b)
harass the advocate;
(c)
victimise the advocate.
(7)
A duty to make reasonable adjustments applies to an advocate.
(8)
This section (apart from subsection (6)) applies in relation to an advocate's clerk as it applies in relation to an advocate; and for that purpose the reference to an advocate's clerk includes a reference to a person who carries out the functions of an advocate's clerk.
(9)
“Advocate” means a practising member of the Faculty of Advocates.