Law firms risk falling foul of new equality laws covering religious beliefs and sexual orientation unless they adopt a complete culture change, leading employment solicitors warned this week.
The prediction follows a Gazette survey of how large firms are preparing for the 2003 Employment Equality (Sexual Orientation) Regulations and Employment Equality (Religion or Belief) Regulations, coming into force in December.
The straw poll found that 60% of the firms questioned said they had taken sufficient steps to ensure their equality policies complied with the laws; for example, Clifford Chance has included a non-denominational prayer and contemplation room in its new Canary Wharf office.
Firms considering making changes said they would mainly focus on facilities, training and raising awareness.
Eversheds, along with East Anglian firm Mills & Reeve, is examining its catering arrangements and considering whether to abolish marriage gifts.
Beachcroft Wansbroughs said it would also be looking at its catering and recruitment training programme, and educating its partnership about the changes.
CMS Cameron McKenna said it had commissioned a member of its human resources team to focus on the topic for a Chartered Institute of Personnel and Development thesis with a view to implementing its recommendations.
But Makbool Javaid, an employment partner at City firm DLA, said that although the regulations could work to firms' advantage if it made them more appreciative of diversity, they were not just about providing kosher or halal food.
'[There are] difficult issues where to a certain extent you are challenging the entire culture of firms.
Firms will have to think again if they have an "out of hours, going down the pub" culture, especially if it means that people are not seen as part of the team if they don't join in.'
Gareth Brahams, an employment partner at City firm Lewis Silkin, said firms might also face particular problems owing to their management structure.
'Every partner is a manager and that creates a large and diverse management group, some of whom will take the attitude of: "Who owns this business? I do, and you can't tell me what to do", 'he said.
'Partners who are resistant to change and have a tendency to view themselves as above the discipline of the firm expose themselves and their fellow partners to liability.'
Julian Hemming, chairman of the Employment Lawyers Association, said firms must educate themselves and take a sensitive approach.
'The really exposed group are small and medium-sized firms that are so busy running their business, they don't have the resources to think about the risk,' he said.
A Law Society spokesman said it was reviewing the Solicitors Anti-Discrimination rule - which has prohibited discrimination on the grounds of sexual orientation since 1995 - with a view to improving its enforceability.
See Editorial, page 15 (see [2003] Gazette, 11 September)
Paula Rohan
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