The SRA is dedicated to diversity, but firms must also play their part, writes Peter Williamson


A high-profile case of alleged age discrimination involving a senior partner and a new report highlighting that top firms are failing to tackle the diversity gap: recent headlines in the legal press reveal that discrimination in its many forms is still around, more than 30 years after the introduction of legislation.



The area of discrimination is complex and the answers to the question of why there are so few black and minority ethnic (BME) solicitors at partner level are rarely simple. But if the profession is to benefit from a wide pool of talent and retain skills and experience, these issues need tackling in a thoughtful way.



I was interested to read about the initiative by the Law Society, BT and the Society of Asian Lawyers. They are proposing that companies should request diversity information from law firms tendering for their work. They are targeting FTSE 100 companies, which would ask firms about the ethnic make-up of teams working on specific deals, to monitor how many BME lawyers get to work on the largest contracts.



The idea of making firms check on their equality and diversity policies as part of a tendering process is interesting and perhaps more persuasive than the rigid setting of targets. Work on this proposed Diversity Charter is continuing with a view to a launch later in the year – I shall be watching that space.



But what is the regulatory position on equality and diversity? What are we requiring the profession to do? Rule 6 of the new Code of Conduct lays out what the Solicitors Regulation Authority (SRA) requires you to do to prevent discrimination. This applies to discrimination within your firm or in-house practice and also in your treatment of clients.



While our provisions are based on legislative requirements, this rule does go beyond the scope of legislation in a number of key areas – in particular by requiring firms to refrain from discriminating against a far wider range of people than is required at law.



What you will not find in the new rule is a model equality and diversity policy, although we do still require you to have a written policy. We abandoned the idea of a model policy because it had in many cases become a substitute for not really doing anything and acted as a disincentive to solicitors to analyse their own positions. It had been described as an off-the-peg suit that in reality fitted no one.



What we now ask is that your written policy takes into account the size and nature of your firm or in-house practice and that everyone is aware of your policy and, most importantly, implements it. We also set out the minimum areas to be covered and ask how your policy will be evaluated, monitored and updated.



One of the questions which we are often asked is the extent to which ‘reasonable adjustment’ needs to be made to meet the needs of employees or clients with disabilities. The cost of making an adjustment, for example providing braille copies of letters or documents, or retaining the services of a British Sign Language interpreter to help a person with hearing impairment, can be significant. Firms must remember that in most cases these costs cannot be passed onto the client. However, the word ‘reasonable’ in these cases is usually judged in relation not to the value of the work affected, but by reference to the ability of the practice to bear the costs.



While many of these requirements may seem onerous, nevertheless firms should bear in mind that there are business benefits to be derived from taking such steps and being seen to be a proponent of good equality practices.



A diverse workforce is best suited to serving a diverse society. It enhances your market opportunities to show you have an understanding of the needs of different groups. External recognition and the image of a firm are improved.



Your firm or practice would also appear more welcoming, which could give you better access to the widest talent pool. The number of women and BME new entrants continues to grow. The latest figures show that nearly 60% of new solicitors are women and one in five is from BME groups. Clients would also welcome using a firm that they can see reflects the wider society.



Moreover, if your firm should find itself defending accusations of discrimination before an employment tribunal, having an equality policy and correct procedures in place will improve the chances of resisting, or minimising, such claims.



Within the SRA itself, we are following a diversity action plan, acknowledging that we want to promote equality and diversity as one of our core principles. We are keen to make sure that no bias or discrimination comes into our regulation. This means we will need to look carefully at our policies to see how they affect various groups and ensure they do not impact unfairly on any sections of society.



The SRA board has a real commitment to this issue. At our last discussion, members expressed the view that as a regulator we should be responsible for, and be implementing, our own equality and diversity strategy. We want to play a leading role in the elimination of discrimination. By sharing our aims, the profession will create a far more positive image as well as give itself competitive advantage.



Peter Williamson is chairman of the board of the Solicitors Regulation Authority