The updates encompass rules introduced in April, following approval by the Legal Services Board. They include specific obligations in the codes of conduct for both firms and individuals to treat colleagues fairly and with respect, and not to engage in bullying, harassment or unfair discrimination. They also clarify the Solicitors Regulation Authority’s (SRA’s) approach where a solicitor’s health issues may affect their ability to practise or to participate in SRA enforcement processes.
The SRA amended its initial proposal to require solicitors to challenge any unfair treatment they witnessed. Instead, this requirement is imposed on the top managers of firms such as partners. Under the guidance, firms are expected to build a working culture where junior staff feel able to complain without fear of recriminations.
When assessing unfair treatment, the SRA will take into account whether it could reasonably be seen by others as intended to bully, belittle, harass, intimidate, undermine or take advantage of colleagues. The regulator will consider the seniority and level of control or influence of those involved, and whether individuals have specific characteristics or vulnerabilities.
‘Colleagues’ include those with whom the solicitor works closely, including contractors, consultants, barristers and experts. Managers should intervene immediately and effectively but not necessarily formally, to stop unfair conduct, and the SRA does not prescribe the manner of intervention.
Concerns about the pressures on solicitors were highlighted last year in an SRA workplace culture thematic review, and have also been raised by the charity LawCare and the Junior Lawyers Division of the Law Society.
SRA chief executive Paul Philip said law firm management becomes a regulatory issue ‘if poor working cultures start to impact staff wellbeing, behaviour and ultimately standards of service to the public’.
