Legal obligations 

Section 47, EqA sets out the relevant legal duties in relation to recruitment and selection of pupils and tenants, including those “permitted to work in chambers (including as a squatter or door tenant)” (section 47(9), EqA).  

Under sections 47(1), (4) and (8), EqA, barristers and barrister’s clerks (including people who carry out the functions of a barrister’s clerk) must not discriminate against or victimise any person:  

(a) in the arrangements they make for deciding to whom to offer a pupillage or tenancy; 

(b) as to the terms on which they offer a person pupillage or tenancy; and/or 

(C) by not offering a person pupillage or tenancy. 

Further, barristers and barrister’s clerks must not discriminate against or victimise a pupil or tenant (sections 47(2) and (5), EqA):  

(a) as to the terms on which that person is a pupil or tenant; 

(b) in the way they afford that person access, or by not affording that person access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service; 

(c) by terminating the pupillage; 

(d) by subjecting that person to pressure to leave chambers; and/or 

(e) by subjecting that person to any other detriment. 

In relation to a pupillage or tenancy, barristers and barrister’s clerks must not harass a “pupil or tenant” or a “person who has applied for the pupillage or tenancy” (section 47(3), EqA).  

A duty to make reasonable adjustments also applies to barristers and barrister’s clerks (section 47(7), EqA).  

In the context of the recruitment of clerks and/or managers and other members of staff by a chambers or BSB entity, similar provisions in respect of employees and prospective employees are set out in section 39, EqA.