Fox Williams LLP, one of the few non-Bar contributors to Baroness Harriet Harman KC’s independent review of bullying, harassment and sexual harassment at the Bar, has welcomed the inclusion of several of its recommendations in the report published today.
Drawing on long experience advising barristers’ chambers, Fox Williams’ specialist employment and professional services team highlighted practical steps to modernise chambers’ governance, strengthen accountability, and provide clearer guidance on workplace standards. The Review has adopted many of these proposals, setting out a blueprint for meaningful cultural and structural change across the Bar.
Key recommendations included in the final report are:
- Using the ACAS Code of Practice as the benchmark for handling complaints, moving away from unnecessarily complex, rigid or adversarial processes.
- Strengthening regulatory oversight of bullying, harassment and sexual harassment, increasing accountability, so that leadership takes greater responsibility for workplace culture.
- Providing clarity and education on what constitutes bullying, harassment and discrimination, recognising that these behaviours are not limited to extreme cases.
- Reforming chambers’ constitutions and governance so that they have the tools needed to address misconduct by members or staff.
- Enhancing training and leadership support, including the proposal for a Commissioner for Conduct, to ensure chambers are better equipped to manage concerns consistently and fairly.
- Creating an environment in which people can voice concerns and to facilitate the cultural change that will encourage this.
Joanna Chatterton, partner and head of employment at Fox Williams, a specialist in advising the Bar said:
“We are pleased to see a number of our recommendations quoted or adopted in the Harman Review. The regulatory accountability recommended by the Review will make the difference, as it has done for the way these issues are tackled in the Solicitors’ profession. If the recommendations are adopted they will have a far-reaching impact, not just on tackling these issues but also on the way chambers manage their staff and members and take decisions”.
She added:
“As we pointed out to the Review, in our experience many of those with management responsibilities in chambers, other than professional staff, hold those roles alongside their legal practices, have had no training, may never have been employed themselves, managed or been part of teams or worked other than at the Bar.
It is obvious from the advice and training we have given that many at the Bar do not appreciate that it’s not just the most egregious behaviour that amounts to bullying, harassment and discrimination. In my experience, many senior barristers are dismissive of the suggestion that there is any problem at their chambers if they have had no instances of sexual assault or shouting at juniors etc. They fail to recognise that microaggressions such as ignoring or being dismissive to someone, sarcastic remarks, not including someone in invites to events with clients, or repeated requests by a KC to a junior to go for a drink alone with them, may also meet the threshold.”
Fox Williams highlights the importance of education in helping the profession make the required changes. Many senior barristers will need support in adapting to new expectations, and training will be critical in helping to build confidence, understanding and open dialogue across chambers.”
Chatterton said:
“Cultural change can be challenging, but the recommendations are designed to support barristers at every level. Providing clarity, consistency and psychological safety will be key to creating an environment where concerns can be raised and addressed constructively.”
