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Barristers will be told that non-disclosure agreements (NDAs) must not be used to cover up offences that should be reported to the police or regulator.
The Bar Standards Board (BSB) is set to issue guidance for barristers on the use of NDAs in cases of alleged sexual harassment. A spokesperson told Counsel that the guidance will state that the use of NDAs is inappropriate if it seeks to prevent the reporting of matters that are disclosable to regulatory or law enforcement bodies or under the Public Interest Disclosure Act, and that they should not be used to ‘threaten, intimidate or deter’ someone from making a proper disclosure.
In updated guidance regarding the reporting of serious misconduct of others, the regulator made it clear that enforcement will not be taken against barristers who fail to report discrimination, harassment or victimisation where they have been the subject of the misconduct. The BSB is also piloting a scheme to grant a waiver from the duty to report for barristers trained to advise and support others.
Figures released in the regulator’s annual Enforcement Report showed that there were eight reports of sexual harassment by barristers in 2016-17, while there had been none in the previous year.
The report showed that the number of complaints against barristers had risen by nearly 30% over the past year to 475 – the highest number of new complaints opened in any year since 2013-14 – and reports of serious misconduct had risen to 133 from 110. However, the number of barristers disbarred fell to six from 20.
Barristers will be told that non-disclosure agreements (NDAs) must not be used to cover up offences that should be reported to the police or regulator.
The Bar Standards Board (BSB) is set to issue guidance for barristers on the use of NDAs in cases of alleged sexual harassment. A spokesperson told Counsel that the guidance will state that the use of NDAs is inappropriate if it seeks to prevent the reporting of matters that are disclosable to regulatory or law enforcement bodies or under the Public Interest Disclosure Act, and that they should not be used to ‘threaten, intimidate or deter’ someone from making a proper disclosure.
In updated guidance regarding the reporting of serious misconduct of others, the regulator made it clear that enforcement will not be taken against barristers who fail to report discrimination, harassment or victimisation where they have been the subject of the misconduct. The BSB is also piloting a scheme to grant a waiver from the duty to report for barristers trained to advise and support others.
Figures released in the regulator’s annual Enforcement Report showed that there were eight reports of sexual harassment by barristers in 2016-17, while there had been none in the previous year.
The report showed that the number of complaints against barristers had risen by nearly 30% over the past year to 475 – the highest number of new complaints opened in any year since 2013-14 – and reports of serious misconduct had risen to 133 from 110. However, the number of barristers disbarred fell to six from 20.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
