The Solicitors Regulation Authority wants to introduce a new requirement on firms and solicitors to step in and deal with anyone mistreating colleagues in the workplace. Proposed changes to SRA rules, published for consultation on Friday, aim to give the regulator greater scope for clamping down on anyone who perpetrates or facilitates bullying, harassment or discrimination.

An explicit obligation on individuals and firms to treat colleagues ‘fairly and with respect’ would be added to the code of conduct. On top of this, firms and solicitors will have to ‘challenge behaviour which does not meet this standard, with the aim of fostering a collegiate approach and a culture in which poor behaviours are not tolerated’.

The changes will be seen as a response to recent cases coming through the Solicitors Disciplinary Tribunal where solicitors have alleged bullying or discrimination in the workplace. While those committing such acts have often received sanctions, questions have been asked about workplace culture.

The SRA’s proposal is that the obligation should go beyond staff in a formal employment relationship, to include others with whom solicitors and firms regularly work closely, such as contractors, consultants, barristers and experts who may be instructed by the firm. Although the obligation is principally intended to cover behaviour at work (whether in an office or remotely), it would also cover behaviour outside the workplace or direct delivery of legal services. The SRA says this behaviour is in the context of a relationship between colleagues rather than a purely personal relationship.

Juliet Oliver, SRA general counsel, said: ‘A poor workplace culture can not only affect wellbeing, with all the distress and concern that brings, but also ethical behaviour, competence and ultimately the standard of service received by clients. It’s timely that, further to our recent thematic review and guidance, we consult on new rules that explicitly spell out what we expect from the firms and individuals we regulate.’

The consultation also addresses health issues which can affect solicitors and the much-discussed ‘fitness to practise’ process that is used in other professions.

The SRA proposes two rule changes to make it explicit that fitness to practise as a solicitor means the ability both to perform the work of a solicitor and to meet the obligations of a regulated professional. If someone is not fit to meet those obligations because of health issues, or for any other reason, then they are not fit to practise.

Where misconduct is alleged, the SRA would consider whether the medical evidence provides a complete or partial defence, or whether it should be treated as mitigation.

‘We also want to set out what the position is when a solicitor’s health issues may be affecting their ability to practise or to participate in our enforcement processes,’ added Oliver. ‘It’s in everyone’s interests to get this right so we can manage any potential risks in a fair and proportionate way for all involved.’

The consultation closes on 27 May.

 

This article is now closed for comment.