EQUALITY AND DIVERSITY: council backs enforcement plans

Law firms may have to self-certify that they have an anti-discrimination policy and could all in time be asked to prove it, it emerged last week.

Plans to improve enforcement of the revised anti-discrimination rule - which was approved by the Law Society Council last week - may also include an equality and diversity component when the practice standards unit visits firms.

The current review of continuing professional development will also consider whether to include compulsory equality and diversity training for all solicitors.

A paper before council said self-certification is seen as a 'simple but effective way of beginning to develop a more pro-active regulation of the rule.

In addition, a percentage of firms could be asked to supply written copies of their policies with the aim of eventually covering all firms over a period of time'.

In updating the rule, the council decided to maintain the position of going further than the law on discrimination on the basis of sexual orientation and religion.

The rule prohibits it in relation to a solicitor's 'professional dealings with clients, staff, other solicitors, barristers and other persons'; the law only relates to employment, vocational training and partnerships.

Advice received from Lord Lester QC cautioned against going beyond the law, while council member Nikki Duncan, who represents the Employment Lawyers Association, said it would make life difficult for the profession.

However, several other council members argued that the Law Society should not row back from its current position.

Alison Parkinson, who represents the Association of Women Solicitors, said the original rule had not caused a problem by going further than the law, adding that 'discrimination is absolutely rife in our profession'.

Neil Rose