Recommendations to tackle harassment and discrimination at the criminal bar, including mandatory training for judges and barristers and improved flexible working policies at chambers, have been outlined in a report.
The proposals published on Thursday from the Association of Women Barristers (AWB) follow a roundtable event to discuss the problem of retaining women and other underrepresented groups at senior level at the bar.
They include long-term support for victims of harassment and the recruitment of male “champions” to help counter a “gentlemanly” culture where it is considered inappropriate or bad form to call out unacceptable behaviour by a fellow barrister.
At the roundtable meeting, where female barristers at all levels shared their experiences, participants described working at the bar as a “dog eat dog world” in which those who are white, middle-class and male are most likely to flourish.
They raised concerns ranging from being overlooked for work after taking time off for childcare, to discrimination and intimidation. Others cited a lack of facilities in court centres for underrepresented groups – for example a room where breastfeeding mothers could express milk or toilets for those who identify as non-binary.
The report found inappropriate behaviour in robing rooms “still abounds”, with female barristers finding themselves excluded from conversations about cases and male barristers commenting on the appearances of their female colleagues or discussing which female barristers they “wanted to shag”.
Lynne Townley, the AWB chair who co-authored the report with Judge Kaly Kaul QC, said: “Data shows the rates of women practising at the bar drops dramatically after five and 10 years’ call as women leave to take on childcare or caring responsibilities.
“So the bullying and harassment we know to be rife will only compound the problem of retaining women in senior positions. Black and minority ethnic women and members of the LGBT community are particularly vulnerable and affirmative steps must be taken so the bar at all levels represents the diversity of our country.”
Feedback from female barristers noted that “old-fashioned views” still prevail at the bar, with one senior barrister describing a prevailing culture of “gentlemanliness, of taking a joke, of not naming people, of not reporting”.
She told the meeting: “My impression is if you are funny and charming that is a huge quality at the bar and you can say what you like. Only the other day I was out with people and a solicitor was touching my bum and everyone just looked away. I’m very direct but it’s still considered that women are meant to be charming and funny.”
Another lawyer, who said she had always worn a trouser suit into chambers and never touched alcohol at work parties to avoid unnecessary encounters with “known bullies”, described being propositioned by a married judge 30 years her senior.
She said after years of discrimination by male colleagues she sought advice from the Bar Council but was advised if she put in a formal complaint it would damage her career. “This is not the attitude we should take but I was, to an extent, grateful for advice that helped me escape the toxicity of chambers,” she said.
Participants were keen to stress it was not always male colleagues but sometimes other women too who were responsible for holding them back or failing to support them with advancing their careers.
The AWB report, In the Age of ‘Us Too’: Moving Towards a Zero-Tolerance Attitude to Harassment and Bullying at the Bar, found that harassment and bullying was of particular concern during pupillage, where more senior barristers were able to abuse their power amid a fear that reporting an incident would be career-ending.
Women were also more likely to be overlooked when it came to being offered leading briefs and the AWB highlighted that barristers’ clerks had a crucial role to play when it came to ensuring a fair playing field within chambers.
It recommends chambers should develop flexible clerking regimes to allow for part-time and term-time working. Other recommendations include awareness training for barristers, judges and clerks, and improved facilities for women and non-binary people at court centres.
