Experiences varied between sexual harassment, unfair treatment on the basis of protected characteristics, long-term bullying, unreasonable work demands, belittling comments and unfair work allocation. Low to medium-level incidents were the most common, particularly for people from underrepresented groups. The study uncovered a ‘shared sense’ that a barrister who wasn’t white, male and from a ‘high social grade’ was less likely to be recommended by clerks, given work by senior barristers or employed by solicitors.
In the report, 'Bullying, Discrimination and Harassment at the Bar', published this week barristers pointed out that the Bar is ‘an environment in which power is key, and the ability to dominate over other people in order to win an argument is crucial.
‘In this environment, bullying and intimidation are rife, and often seem like part of everyday life at the Bar.’ Participants said ‘this culture of bullying and aggression is often a learned behaviour pattern―many were bullied or victimised themselves as young barristers, and therefore can feel it is the norm to act this way’.
Such behaviour can have long-term consequences, such as diminished self-esteem, anxiety, health complications, lowered earning capacity and disruption of professional relationships.
Pupil barristers were the most vulnerable, participants said. Even the architecture of the Bar, with ‘warrens of small rooms and poorly lit courtyards’ producing a ‘conspiratorial’ atmosphere made it easier for bullying to happen.
The study, by YouGov, involved telephone interviews with 30 barristers and five non-barristers who had directly experienced or observed bullying, discrimination and harassment at the Bar.
However, most barristers interviewed had not formally reported their experiences, mainly due to fears for their reputation at work and future career.
The study called for a shift in culture at the Bar to encourage openness and discourage inappropriate behaviour, with a role for the BSB, Bar Council and professional networks in driving change.
BSB head of equality and access to justice, Amit Popat, said: ‘It is plain from the study that there are significant cultural factors, including power imbalances, which inhibit the reporting of bullying and harassment.’
