Promoting a good working culture in law firms - Part 2: The importance of wellbeing in the workplace
Julie Norris
One of the key responsibilities for any employer is to create an inclusive workplace culture where all individuals feel respected and supported. To be clear, the responsibility in respect of EDI does not stop at mere compliance with relevant legislative requirements, as these only set the basic minimum standard employers should be seeking to achieve. Nonetheless, it is helpful to set out, briefly, what these legal obligations are.
First, there is the overarching Equality Act 2010, which brought together extant legislation previously covering a range of EDI areas, such as race relations and sex and disability discrimination. The Equality Act now provides a comprehensive legal framework to protect the rights of individuals and advance equality of opportunity for all.
In relation to the legal services sector, there are further key obligations in relation to EDI.
The Solicitors Regulation Authority (SRA), which regulates law firms and those working within them, also sets out key obligations in respect of encouraging EDI and prohibiting discriminatory behaviour in its recently launched Standards and Regulations (StaRs):
Legislation sets the minimum legal obligations, those being to ensure that your firm takes steps to remove potential discrimination, harassment and victimisation. It is clear however, that your regulatory obligations extend beyond mere compliance with the law: not only is an inclusive approach increasingly recognised as a commercial imperative for businesses, but it is also a fundamental component of promoting an optimal workplace culture.
What firms choose to put in place, in terms of appropriate policies and procedures relating to EDI, will no doubt be proportionate to, and dependent upon, the nature of the business and the size of the firm. Accordingly, to give effect to these obligations in the day-to-day running of your firm, and with the intention of improving your firm’s culture, you may want to think about the types of EDI policies and procedures you want to implement, or at least update, in order to achieve fair outcomes. As we discussed in our first blog , culture is not static and this means your EDI policies and initiatives cannot be set in stone. They will need regular re-visiting and updating and will need to reflect the firm’s regulatory obligations in addition to the basic requirements set out in the underpinning legislation.
Here are some key steps you might want to consider implementing:
This does not need to be complicated, but will need to be a comprehensive statement about what EDI means for your workforce, clients and other third parties you deal with. This document is not to be confused with your actual EDI Policy. This policy statement might include information about your commitment to the principles of EDI as well as setting out any legislative requirements. Such a statement usually states that you have a workplace culture which does not, for example, tolerate harassment or bullying (often referred to as a “zero-tolerance” approach).
or review the one you have in place - the Policy should outline your approach to key issues such as recruitment, retention and progression and be outward-facing so that clients understand how you are seeking to encourage equality of opportunity and respect for diversity within your workforce – ultimately these are the individuals acting for your clients.
in light of the LSB’s statutory guidance. You will need to be thinking about how you collect, monitor, analyse and report (this includes publishing) diversity of both your own workforce and of your clients. You must not see this simply as a tick-box exercise to comply with the requirements set by your oversight regulator and implemented by the SRA, but rather, as an opportunity to better understand the needs of your staff and clients. It might also highlight areas where you need to improve your performance and the quality of service you are providing to your clients.
from the data you have collected and analysed. Again, you will want to explore presenting this information in a way which works best for your firm, particularly with regard to any highlighted weaknesses or areas for improvement. These initiatives are likely to be different depending on your firm, but examples might relate to increasing representation of female and/or BAME solicitors at more senior levels in your firm, or recruiting trainees or apprentices from disadvantaged socio-economic backgrounds.
or review the one you have in place. In terms of recruitment, everyone wants to attract the best individuals, so you will want to think about adopting an approach to recruitment which is fair and encourages promotions, in order to maximise the chances of getting and retaining the best people for each role. Recruiting a diverse workforce is likely to increase employee wellbeing (and in turn increase productivity by enhancing motivation) and could reduce your recruitment costs (if you have less staff turnover). A further benefit is that a diverse workforce will better understand the needs of diverse clients, enabling you to be better placed to provide a quality service to those clients.
As we set out in our first blog, managers will have a key role in promoting EDI within their firm, and to drive forward a workplace culture which is built upon trust, two-way engagement and loyalty. This responsibility will extend to identifying and removing barriers, for example in recruitment, promotion and progression.
Julie Norris is a Partner in the Regulatory department and specialises in advising law firms and legal professionals on legal ethics, investigations, and public law matters.
Jessica Clay is a Senior Associate in the Regulatory department and specialises in legal services regulation, with a focus on regulatory compliance, legal ethics, investigations and public law matters.
Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty. Conducted badly they can be an expensive mistake with far reaching consequences.
In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether having an ulterior motive in starting a private prosecution can lead to problems down the line.
Private prosecutions provide an effective way to seek justice; and particularly in circumstances when the traditional prosecuting agencies are unable or unwilling to act. Conducted appropriately they can be a useful, efficient and cost-effective tool to secure punishment of the guilty. Conducted badly they can be an expensive mistake with far reaching consequences.
In this blog series we draw on our experience of both bringing and defending private prosecutions to help clarify some of the common myths and misunderstandings about private prosecutions. In this blog we look at whether the private prosecutor is entitled to recover their full investigation and legal fees at the end of the case.
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Julie Norris and Jessica Clay consider SRA entity regulation and the imperative to create an ethical (ergo, compliant) legal workplace.
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The solicitors’ watchdog is right to take charge of misconduct cases but it needs firmer guidance to succeed
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In this 3-part tech blog series, we’ve explored how legal and accountancy regulators are driving and responding to changes in technology and innovation in their respective professions. We’ve also considered the commercial perspective, looking at interesting developments in these sectors , particularly around the use of artificial intelligence (AI).
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On 18 November 2020, the government confirmed that it is proceeding with planned changes to the Victims' Code, following a consultation that began on 5 March 2020. The changes mean that when the revised Code comes into force, it will be based on a clearly defined set of rights that set out a minimum level of service that can be expected from criminal justice agencies. It is hoped that the changes will mean victims have a greater awareness of their rights, receive the information and support when then need it and have a greater level of satisfaction with the treatment they receive in the criminal justice system.
On 19 November 2020, the High Court handed down judgment in the Professional Standards Authority for Health and Social Care’s (“PSA”) challenge to a decision of the Medical Practitioners Tribunal (“MPT”) to suspend a doctor from practice. In her judgment, Mrs Justice Farbey emphasises the significance of lack of insight to the question of sanction.
We 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.
Julie Norris
Julie Norris
Charlotte Judd
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