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anti-discrimination policy

Anti-Discrimination Policy


A. My Commitment


(1) General commitment


I am committed to eliminating discrimination and promoting equality and diversity in my own policies, practices and procedures and in those areas in which I have influence. This applies to my professional dealings with staff and other solicitors, barristers, clients and third parties. I intend to treat everyone equally and with same attention, courtesy and respect regardless of their disability, gender, marital status, race, racial group, colour, ethnic or national origin, nationality, religion or belief or sexual orientation.


(2) Regulation and legislation


In developing and implementing my anti-discrimination policy, I am committed to complying with the Solicitors Anti-Discrimination Rule 2004 and with all current and any future applicable anti-discrimination legislation and associated codes of practice.



B. Forms of Discrimination


The following are the kinds of discrimination, which are against my policy:


  1. Direct discrimination, where a person is treated less favourably on the grounds of race, racial group, colour, ethnic or national origins, sex, pregnancy, marital status, disability or sexual orientation or religion or belief.

  2. Indirect discrimination, where an apparently neutral provision, criterion or practice would put a substantially higher proportion of the members of one sex, or persons having a racial or ethnic origin, or a particular religion or belief, or a particular disability or a particular sexual orientation at a particular disadvantage compared with other persons unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.

  3. Victimisation, where someone is treated less favourably than others because he or she has taken action against me under appropriate legislation, etc.

  4. Harassment, when unwanted conduct related to any of the grounds referred to above takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. This will include physical, verbal and non-verbal acts.


C. Employment and Training


1) General Statement


As an employer, I will treat all employees and job applicants equally and fairly and not discriminate unjustifiably against them. This will, for example, include arrangements for recruitment and selection, terms and conditions of employment, access to training opportunities, access to promotion and transfers, grievance and disciplinary processes, demotions, selection for redundancies, dress code, references, bonus schemes, work allocation and any other employment related activities.


(2) Recruitment and selection


I recognise the benefits of having a diverse workforce and will take steps to ensure that:


  1. I endeavour to recruit from the widest pool of qualified candidates possible;

  2. employment opportunities are open and accessible to all on the basis of their individual qualities and personal merit;

  3. if appropriate, positive action measures are taken to attract applications from all sections of society and especially from those groups which are underrepresented in the workforce;

  4. selection criteria and processes do not discriminate unjustifiably on the grounds of disability; gender; marital status; race; racial group; colour; ethnic or national origin; nationality; religion or belief; or sexual orientation; other than in those instances where the firm is exercising permitted positive action;

  5. wherever appropriate and necessary, lawful exemptions (genuine occupational requirements) will be used to recruit suitable staff to meet the special needs of particular groups;

  6. all recruitment agencies acting for me are aware of my requirement not to discriminate and to act accordingly.

(3) Targets


I will do my best to comply with appropriate Law Society policies and targets for the employment of ethnic minorities, as are produced from time to time in accordance with the provisions of the anti-discrimination legislation.


(4) Conditions of service


I will treat all employees equally and create a working environment which is free from discrimination and harassment and which respects, where appropriate, the diverse backgrounds and beliefs of employees.


Terms and conditions of service for employees will comply with anti-discrimination legislation. The provision of benefits such as working hours, maternity and other leave arrangements, performance appraisal systems, dress code, bonus schemes and any other conditions of employment will not discriminate against any employee on the grounds of their gender; marital status; race; racial group; colour; ethnic or national origin; nationality; religion or belief; or sexual orientation; or unreasonably on the grounds of their disability.


Where appropriate and necessary, I will endeavour to provide appropriate facilities and conditions of service which take into account the specific needs of employees which arise from their ethnic or cultural background; gender; responsibilities as carers; disability; religion or belief; or sexual orientation.


D. Barristers and Third Parties


(1) Barristers


Barristers should be instructed on the basis of their skills, experience and ability. I will not, on any of the forbidden grounds, avoid briefing a barrister and will not request barristers' clerks to do so.


Clients' requests for a named barrister should be complied with, subject to my duty to discuss with the client the suitability of the barrister and to advise appropriately.


I will discuss with the client any request by the client that only a barrister who is not disabled or who is of a particular gender; marital status; race; racial group; colour; ethnic or national origin; nationality; religion or belief; or sexual orientation be instructed. In the absence of a valid reason for this request, which must be within the exemptions permitted by the anti-discrimination legislation, I will endeavour to persuade the client to modify their instructions in so far as they are given on discriminatory grounds. Should the client refuse to modify such instructions, I will cease to act.


(2) Suppliers


All lists of approved suppliers and databases of contractors, agents and other third parties who, or which, are regarded as suitable to be instructed by those within the firm have been compiled only on the basis of the ability of those persons or organisations to undertake work of a particular type and contain no discriminatory exclusion, restriction or preference.



E. Clients


I am generally free to decide whether to accept instructions from any particular client, but any refusal to act will not be based upon any of the forbidden grounds.


I will take steps to meet the different needs of particular clients arising from its obligations under the anti-discrimination legislation (such as the Disability Discrimination Act) and the Solicitors Anti-Discrimination Rule 2004.


In addition, where necessary and where it is permitted by the relevant anti-discrimination legislation (for example, provisions relating to positive action or exemptions) I will seek to provide services which meet the specific needs and requests arising from clients' ethnic or cultural background; gender; responsibilities as carers; disability; religion or belief; sexual orientation or other relevant factors.



F. Promoting Equality and Diversity


I am committed to promoting equality and diversity in the practice as well as in those areas in which I have influence.


Employees will be informed of this anti-discrimination policy and will be provided with equality and diversity training appropriate to their needs and responsibilities.


All those who act on my behalf will, where appropriate, be informed of this anti-discrimination policy and will be expected to pay due regard to it when conducting business on my behalf.


In all its dealings, including those with suppliers, contractors and recruitment agencies, I will seek to promote the principles of equality and diversity. I will make appropriate efforts to reflect my commitment to equality and diversity in its marketing and communication activities.



G. Implementing the Policy


(1) Responsibility


Ultimate responsibility for implementing the policy rests with me.


All employees are expected to pay due regard to the provisions of its anti-discrimination policy and are responsible for ensuring compliance with it when undertaking their jobs or representing me.


Acts of discrimination or harassment on any of the forbidden grounds by employees will result in disciplinary action. Failure to comply with this policy will be treated in a similar fashion.

Acts of discrimination or harassment on any of the forbidden grounds by those acting on behalf of me will lead to appropriate action, including termination of services, where appropriate.


(2) Complaints of discrimination


I will treat seriously, and will take action where appropriate concerning, all complaints of discrimination or harassment on any of the forbidden grounds made by employees, clients, barristers or other third parties.

All complaints will be investigated in accordance with my grievance or complaints procedure and the complainant will be informed of the outcome.


(3) Monitoring and review


The policy will be monitored and reviewed in a manner proportionate to the size and nature of my practice on a regular basis (at least annually) to measure its progress and judge its effectiveness. In particular, I will, as appropriate, monitor and record:


  1. the gender and ethnic composition of the workforce as well as the number of disabled staff

  2. the ethnicity, gender and disability of all applicants, short-listed applicants and successful applicants for jobs

  3. the number and outcome of complaints of discrimination made by staff, barristers, clients and other third parties

  4. the disciplinary action (if any) taken against employees by race, gender and disability.

This information will be used to review the progress and impact of the anti-discrimination policy. Any changes required will be made and implemented.