Prevention of Sexual Harassment at the Bar (Advanced)

Chambers must take all reasonable steps to prevent sexual harassment of workers, members, and anyone working at the chambers. This extends to harassment by clients and third parties, not just colleagues. Chambers must have clear policies, reporting mechanisms, and investigation procedures in place. Failing to take reasonable preventive steps exposes chambers and individuals to legal liability, complaints to the regulator, and employment tribunal claims.

A risk assessment identifies where harassment is most likely to occur: hierarchies between junior and senior barristers, client interactions, work-related social events, and informal chambers spaces. It examines power dynamics, recruitment patterns, and whether certain groups are at higher risk. This training covers practical risk assessment methodology and how to use findings to strengthen prevention measures and policies. Chambers can commission Briefed to conduct a tailored risk assessment.

The Harman Report recommends that chambers establish robust policies, provide training to all members and chambers employees, ensure fair investigation procedures, create safe reporting channels, and foster cultural change where harassment is not tolerated. It criticises systemic failures including inadequate policies, ineffective complaints handling, and cultures that discourage reporting. Chambers are expected by regulators to implement the Harman recommendations. This training directly aligns with those recommendations.

Investigations must be prompt, impartial, and confidential. They require careful planning, interviews with the complainant and respondent, witness statements, and detailed documentation. Chambers must preserve fairness to both parties while taking the allegation seriously. The investigator must be trained, ideally independent, and must document findings clearly. This training covers investigation procedures step by step, including interview techniques, evidence handling, and report preparation.

Disciplinary action depends on the severity and circumstances. It may range from a formal warning to suspension or dismissal. Serious sexual harassment typically warrants dismissal as a gross misconduct offence. Chambers must apply disciplinary action consistently and proportionately, documenting the decision clearly. The person harassed must also receive support and protection from further harm. This training includes guidance on disciplinary procedures and proportionality.

Reasonable steps include establishing a clear policy, providing annual training to all members, designating accessible reporting channels, ensuring fair investigations, and creating a culture where harassment is not tolerated. Chambers should also conduct risk assessments, monitor complaints, and review effectiveness. This training covers comprehensive prevention frameworks and provides a template policy chambers can adapt. Briefed also offers ongoing advisory support and formal compliance audits.