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Covid 19 Crisis - Can we afford (not) to invest in equality, diversity and inclusion initiatives?
Melinka Berridge
Traditionally, masculine pronouns have been used by professionals throughout the legal sector when drafting. Corporate and commercial contracts usually use male pronouns to refer to any party, irrespective of their singular or collective genders. The word ‘chairman’ was, and still is, used in a variety of company agreements and constitutional documentation to describe the chair of a board or general meeting (I would note that I use ‘chairperson’ when drafting). Many letters start ‘Dear Sirs’.
This was recognised as being an outdated practice which reinforced historic gender-specific stereotypes by law makers in 2007. In fact, on International Women’s Day in 2007, Jack Straw, a former Leader of the House of Commons, delivered a written statement announcing that the Government had asked Parliamentary Counsel to henceforth adopt gender-neutral drafting.
Jack Straw’s announcement was the first time that the Government signalled a change in the use of masculine pronouns for the universal purpose of identifying individuals in legislation and legal drafting. Up until this point the Government had been relying upon and using principles laid out in section 6 of the Interpretation Act 1978 for legislative drafting, whereby any word importing the use of the masculine gender included the feminine, and vice versa.
This change hasn’t been reflected across the legal profession though. I remember very early in my career spending ages amending a contract because our client was a woman. I then felt foolish when I was told that was unnecessary and that I should have just relied on the quite standard provision in contracts which reads along the lines “Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders”, but it felt strange and a little rude when I knew my client was a woman.
Since 2007 it has been government policy to write legislation in gender-neutral language, so shouldn’t we as a profession make (arguably a late) but concerted effort to use language that does not solely refer to the male and female genders, in order to reflect our diverse society?
I think the answer must be, unequivocally, yes. Because, why wouldn’t we?
There is an argument that gender neutral drafting distorts the English language and that ‘they’ should not be used as a singular pronoun. My view is that our language is a living, ever-evolving thing, and should reflect how we communicate with one another and the society we live in. There is another argument that gender neutral drafting can create confusion or uncertainty in legal documents, which by their very nature need to be clear and unambiguous. Part of a lawyer’s craft however, is to produce clearly drafted documents which deal with all sorts of complexities, so it should not be beyond the profession to draft in a gender neutral way. The argument ‘this is the way it has always been done’ frankly holds no sway. This is the case especially in the context of the current global pandemic. Look how much has changed and how quickly it has changed – most of the legal profession has been working effectively from home for the last 12 weeks, causing an unprecedented shift in attitude to home and flexible working which is likely to transform the workplace as we know it. And we have adapted.
For anyone who wants to find out more, the Office of the Parliamentary Counsel, the Government Legal Department and InterLaw Diversity Forum have produced a Guide to Gender-Neutral Drafting. Its message is simple, avoid gender-specific pronouns and adjectives (‘he/him/his’) and avoid nouns that might appear to assume that a person of a particular gender will do a particular job or perform a particular role. Use the passive tense and a few more definitions if you need to.
I should say that gender neutral drafting is being used by many already within the profession. The challenge for law firms and busy fee earners is to always apply this consistently, in practice. This involves agreeing on a consistent approach across teams, across departments and across the profession and most likely an overhaul of any precedent banks.
So, my conclusion? Frankly, I’m embarrassed I haven’t paid more attention to this and will be aiming to draft in a gender neutral way going forward.
Roberta advises startup founders, angel investors and established businesses on a variety of corporate and commercial legal matters. She advises on early stage investments, share option schemes, shareholder agreements, share buybacks and company sales and acquisitions.
This Pride Month, Kingsley Napley’s LGBTQ+ & Allies Network spoke with Carla Ecola (they/them), Co-Founder and Managing Director of The Outside Project. The Outside Project was first established in 2017 to support those within the LGBTIQ+ community who are homeless, “hidden” homeless, or feel endangered or unable to access key services, such as housing.
In honour of Pride Month, we are discussing (and celebrating) the diverse paths to parenthood within the LGBTQ+ community. For couples or individuals looking to start a family, there are a number of options available, each with important factors and implications to consider. This short blog touches on some of those considerations.
Last week marked the second annual Trans+ History Week, founded by QueerAF in 2024.
Trans Day of Visibility (sometimes referred to as ‘TDOV’) is an annual celebration of trans, non-binary and gender non-conforming people, marked every year on 31 March 2025.
Transgender Day of Visibility (TDOV) is a day for joy and celebration. It is an opportunity for trans and non-binary people to feel seen, heard and loved, and for allies to visibly show their solidarity.
In a long-overdue announcement by the Home Office, women who were in the past unjustly convicted of same-sex consensual sexual activity will be able to apply for their convictions to be disregarded or pardoned for the first time. This is a significant step forward for queer rights in the UK.
Kingsley Napley’s LGBTQ+ & Allies network is a large, loud and proud group
May 17th marks ‘International Day Against Homophobia, Biphobia and Transphobia’, a day to raise awareness of the discrimination and violence that faces LGBTQ+ people. It serves as a reminder of the challenges the LGBTQ+ community face and the steps we still need to take to achieve LGBTQ+ equality.
On this year's Trans Day of Visibility, our Associate Ellie Fayle explains why it matters so much.
How “coming out” is more about “letting people into your life”
The introduction of the Divorce, Dissolution and Separation Act 2020 on 6 April 2022, bringing in the long-awaited “no-fault divorce”, is considered to be one of the most significant reforms of family law in many years. Although not widely commented on, it also potentially signifies an important step for the LGBTQ community.
In the final blog of our Pride 2022 series, we say thank you to everyone who, in their own way, seek to make the world a kinder, better place for the LGBT* community.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride March held in London. We are marking each decade from 1972 to 2022 with a blog every week throughout June.
As part of our Pride month blog series, I have reviewed the period 1982 – 1992; the decade in which I was born. In the hope that I can still consider myself to be fairly young, to me, the 1980s do not seem that long ago. In researching the developments made during this decade, however, I was shocked reflecting on how out of touch and discriminatory the law, media and social views still were at the time.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride Rally held in London. We are marking each decade from 1972 to 2022 with a blog every week throughout June.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride Rally held in London, and we are marking each decade from 1972 to 2022 with a blog each week throughout Pride Month. This weeks blog covers the decade of of 2002-2012.
Pride 2022 marks the fiftieth anniversary of the first official UK Gay Pride Rally held in London, and we are marking each decade from 1972 to 2022 with a blog each week throughout Pride Month.
We were recently excited and grateful to announce that Kingsley Napley was named in Stonewall’s Workplace Equality Index 2022 of Top 100 Employers List for LGBTQ+ people. While it is vital for workplaces to commit to inclusion and create a welcoming environment for their LGBTQ+ staff, the annual celebration of Trans Day of Visibility (TDoV) importantly draws attention to the critical need for more meaningful visibility in the media and beyond in order to pave the way for trans liberation in wider society.
Few would disagree with the suggestion that, in order to really understand an artwork and the full extent of its cultural resonance, one needs to know something about the artist who made it.
The UK Government proposals to ban conversion therapy fall short and risk criminalising gender identity counselling services.
On 29 October 2021 the Government launched a consultation on restricting conversion therapy. Although the Government proposals are a step in the right direction, it only limits conversion therapy rather than banning it outright.
17 May marks the International Day Against Homophobia, Biphobia and Transphobia, and the theme for 2024 is ‘No one left behind: equality, freedom and justice for all’
Read the blogTen years ago, on 29 March 2014, Peter McGraith and David Cabreza became the first same-sex couple to get married in England & Wales. This was following the introduction of the Marriage (Same Sex Couples) Act 2013, which put marriage equality for the LGBTQ+ community on our statute books for the first time.
Read the blogOver the years, the LGBTQ+ community has faced numerous challenges when it comes to applying for UK visas, seeking asylum and becoming British. Thankfully, the UK immigration system and rules have slowly evolved and there are less obvious areas where problems persist. But people often find themselves encountering hurdles and need specialist advice. Our immigration team, working within our firm’s LGBTQ+ & allies network, is entirely inclusive and can assist with advising clients on their own particular unique circumstances.
Read moreWe understand that the LGBTQ+ community has historically faced additional challenges when it comes to personal relationships and private and family life, and have fought hard for the same benefits enjoyed by heterosexual couples.
Read more hereMay 17th marks ‘International Day Against Homophobia, Biphobia and Transphobia’, a day to raise awareness of the discrimination and violence that faces LGBTQ+ people.
Read the blogBy Emily Elliott
READ BLOGTwo thirds of LGBTQ people still being harassed at work: IDAHOBIT is a timely reminder of the work that still needs to be done
Read Stephen Parkinson's blogBy Emily Elliott
Read blogWe welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Melinka Berridge
Elli Graves
Connie Atkinson
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