Prevention of sexual harassment (POSH) in barristers' chambers.
The Worker Protection Act 2023 requires employers to take reasonable steps to prevent sexual harassment at work, including from third parties. It created new obligations on employers to take reasonable steps to prevent sexual harassment at work. Annual training is now expected as standard practice to withstand Equality and Human Rights Commission (EHRC) and employment tribunal scrutiny.
Briefed offers Bar-specific POSH training for chambers ranging from our Essentials module, through to our Advanced module. Both provide scenario-based learning with the latter covering chambers leadership responsibilities. We also advise on policies, reporting procedures, how to respond when concerns arise and the completion of risk assessments.
What the Worker Protection Act 2023 requires.
The Worker Protection Act 2023 requires employers to take reasonable steps to prevent sexual harassment at work. This applies to chambers as employers of staff and applies to the treatment of members by staff and each other.
The EHRC has issued statutory guidance on what prevention looks like: clear policies, accessible reporting channels, training, investigation procedures, and action when misconduct is found. Chambers that can demonstrate annual training significantly strengthen their position if a complaint arises.
Sexual harassment claims can lead to employment tribunal cases, reputational damage, and regulatory scrutiny from the BSB. The cost of defending a weak position is high. Prevention and proper response procedures are essential.
What this means in practice.
Sexual harassment includes unwanted comments of a sexual nature, unwanted touching, pressure for sexual favours, and displaying offensive material. It includes online harassment. Chambers need to be prepared to respond when concerns are raised.
Many chambers do not have a formal codified structure for reporting concerns. Members may feel unsafe raising concerns because senior barristers are the alleged harassers. Chambers need confidential, safe reporting channels and independent investigation processes.
Training should help all members recognise harassment, understand that it is not acceptable, and know how to report concerns. Those in senior and management roles need specific training on how to receive a concern, document it, and refer for investigation without bias.
All of these concerns and need for cultural change at the Bar are also highlighted in the Harriet Harman Report. further evidencing the need to take action.
What Briefed offers for POSH.
Training
We offer two Bar-specific POSH modules - Essentials and Advanced. Our Essentials course covers recognition, impact, and reporting for all members and staff. The Advanced course covers all that is in the Essentials module, in addition to scenario-based learning and manager responsibilities.
Advisory
Barrister-led advice on curent risk exposure, harassment concerns, investigation procedures, and communications with affected parties. Available at short notice on the same-day.
Policy creation and review
Chambers-specific sexual harassment policies, reporting procedures, investigation processes, and support arrangements compliant with the Worker Protection Act and EHRC guidance.
Annual training is the standard expected by regulators and employment law.
Chambers that conduct annual POSH training demonstrate to the EHRC and employment tribunals that they take prevention seriously. This significantly strengthens chambers' position if a complaint arises.
Trained members are more likely to recognise harassment and raise concerns early, when they can be resolved. This prevents escalation and protects both the person affected and the integrity of chambers.