*/
Every year barristers and chambers offer work experience (mini-pupillages, work placements etc.) to law students and aspiring barristers across England and Wales. These placements provide valuable insight into the profession and are now recognised as essential to successfully securing pupillage. The Bar Council’s Pupillage Gateway Report 2024 found that few candidates who had not done mini-pupillage (work experience) obtained offers: 9.9% of candidates who had done mini-pupillage received an offer compared to 1.8% of candidates who did not.
In a predominantly self-employed profession, the organisation of placements is often down to individuals and chambers. While chambers increasingly offer well-structured and well-managed placements (with a transparent application process), there are still many ‘informal’ placements, where the process for securing places is opaque. This can create access barriers for those without contacts at the Bar and can result in a less-than-ideal experience for the student. Sadly too, albeit in a minority of cases, this can place participants at risk of abuse – as highlighted in recent cases where barristers have been found to have harassed vulnerable students.*
This article does not seek to cover placements at the employed Bar which may be more likely to fit within a formal work experience structure overseen by an HR department. Work placements at the self-employed Bar cover a wide spectrum of arrangements with different degrees of formality, integration and duration. Placements can be formal or informal; a formal placement might include a mini-pupillage arranged by chambers (with an application process, assessment etc). Informal placements, on the other hand, might be arranged directly between a barrister and student (for example, in response to a request from the aspiring barrister or their parent, a colleague or friend, or contact through social media). Many placements are on a spectrum somewhere between the two.
Placements can vary in length from two days to two weeks. Some involve designated mini-pupil liaison in chambers, specific tasks and mechanisms for assessing a participant’s performance, while others involve informal ‘shadowing’ and are dependent on case listings in any given week, without any assessment mechanism.
We know from research (Barristers’ Working Lives Survey 2023) and our helplines (including Talk to Spot) that the profession faces significant challenges in terms of bullying, harassment and discrimination. All of these issues are amplified by power structures within the profession and the somewhat blurred boundaries between work and social interactions.
We know too that those who are most junior, particularly women, ethnic minority and disabled, or from other underrepresented groups are particularly exposed to these behaviours. The position of students on placement in this context is notable as they are effectively a high-risk group – with low status within the Bar’s hierarchy, invariably combined with youth and inexperience of the workplace. They also often believe that making a complaint could jeopardise their future career.
The Bar Council recently supported a small study on harassment, bullying and discrimination in work placements, led by Warwick University (Learning on the Job? Addressing students’ exposure to bullying, harassment or discrimination during legal placements). This study examined students’ experiences and spoke to chambers offering placements. The findings are sobering. In seven of 25 (28%) of placements explored, participating students disclosed that they witnessed inappropriate behaviour – mostly involving inappropriate comments about gender, sexuality, race, class or disability. No student had made a complaint.
The research cites one female student describing ‘sitting in a robing room with male barristers, who were all discussing which female judges wanted to sleep with them and gave them an easier time in court’. She noted they laughed at their misogyny while being aware [she] was in the room. While she spun this as giving her useful insight into the challenges of equality and inclusion at the Bar, no aspiring barrister should emerge from a placement believing key to their success is an ability to deal with this type of behaviour.
As part of the Warwick study, participating chambers were asked what they did to minimise risk and what processes they had in place for students facing inappropriate behaviours. Measures to minimise risk included: rotation of barristers throughout a placement; careful selection of barristers with appropriate skills; use of junior (younger) barristers; short programmes and time spent shadowing barristers ‘in courtrooms’ or ‘client meetings’.
But such measures do not eliminate the risk of exposure.
Most chambers in the study had no process for ensuring students were aware of – or comfortable in using – any channel available to report a concern. It was rarely covered as part of any induction. Students were sometimes simply referred to a website, where policies listed did not cover students on a placement.
Harassment of mini-pupils and those undertaking work experience is a breach of Core Duty 5 and therefore serious misconduct. And although it is unclear if students on mini-pupillages, or in short-term placements, without remuneration are within the scope of the Equality Act 2010, the Health and Safety Executive is clear that ‘work experience students are your employees, like any other young person you employ’. In practical terms this means considering the risks faced by mini-pupils and those on placement as part of your duty to prevent sexual harassment. They should be included in risk assessments and chambers’ policies (see below).
Many chambers have already shifted to more formalised schemes for selecting and running mini-pupillages/work placements. This is good in terms of increasing opportunities for access and diversity at the Bar and ensuring infrastructure to support greater regulation and transparency around placements.
However, there is much more that needs to be done by chambers. We want to encourage chambers to pay much more attention to protecting aspiring barristers and ensuring they have a clear understanding of reporting and redress mechanisms in place.
Resources
Bar Council’s confidential helpline: equality@barcouncil.org.uk
Bar Council, Sexual Harassment Risk Assessment: Template for chambers
References
Bar Council Pupillage Gateway Report 2024
* Bar Tribunals and Adjudication Service (BTAS) Reports of Finding and Sanction: Robert Kearney and Navjot (Jo) Sidhu KC
Barristers’ Working Lives, Bar Council 2023 survey reported in Bullying, harassment and discrimination at the Bar 2023
The Warwick study: Munro, Vanessa (2024) Learning on the Job? Addressing students’ exposure to bullying, harassment or discrimination during legal placements. The Law Teacher, 58 (4). pp. 582-605
Health and Safety Executive, ‘Young people at work’
Sam Mercer is Head of Policy: Diversity & Inclusion and CSR at the Bar Council. Prior to this she worked on a portfolio of consultancy projects for blue-chip companies, NHS Trusts, Charities and Government, was Workplace Director at Business in the Community (BITC) and was Chief Executive of the Employers Forum on Age (EFA).
Rachel Krys is a consultant to the Bar Council Equality Diversity and Inclusion team supporting projects to improve the retention and progression of women and under-represented groups at the Bar.
Every year barristers and chambers offer work experience (mini-pupillages, work placements etc.) to law students and aspiring barristers across England and Wales. These placements provide valuable insight into the profession and are now recognised as essential to successfully securing pupillage. The Bar Council’s Pupillage Gateway Report 2024 found that few candidates who had not done mini-pupillage (work experience) obtained offers: 9.9% of candidates who had done mini-pupillage received an offer compared to 1.8% of candidates who did not.
In a predominantly self-employed profession, the organisation of placements is often down to individuals and chambers. While chambers increasingly offer well-structured and well-managed placements (with a transparent application process), there are still many ‘informal’ placements, where the process for securing places is opaque. This can create access barriers for those without contacts at the Bar and can result in a less-than-ideal experience for the student. Sadly too, albeit in a minority of cases, this can place participants at risk of abuse – as highlighted in recent cases where barristers have been found to have harassed vulnerable students.*
This article does not seek to cover placements at the employed Bar which may be more likely to fit within a formal work experience structure overseen by an HR department. Work placements at the self-employed Bar cover a wide spectrum of arrangements with different degrees of formality, integration and duration. Placements can be formal or informal; a formal placement might include a mini-pupillage arranged by chambers (with an application process, assessment etc). Informal placements, on the other hand, might be arranged directly between a barrister and student (for example, in response to a request from the aspiring barrister or their parent, a colleague or friend, or contact through social media). Many placements are on a spectrum somewhere between the two.
Placements can vary in length from two days to two weeks. Some involve designated mini-pupil liaison in chambers, specific tasks and mechanisms for assessing a participant’s performance, while others involve informal ‘shadowing’ and are dependent on case listings in any given week, without any assessment mechanism.
We know from research (Barristers’ Working Lives Survey 2023) and our helplines (including Talk to Spot) that the profession faces significant challenges in terms of bullying, harassment and discrimination. All of these issues are amplified by power structures within the profession and the somewhat blurred boundaries between work and social interactions.
We know too that those who are most junior, particularly women, ethnic minority and disabled, or from other underrepresented groups are particularly exposed to these behaviours. The position of students on placement in this context is notable as they are effectively a high-risk group – with low status within the Bar’s hierarchy, invariably combined with youth and inexperience of the workplace. They also often believe that making a complaint could jeopardise their future career.
The Bar Council recently supported a small study on harassment, bullying and discrimination in work placements, led by Warwick University (Learning on the Job? Addressing students’ exposure to bullying, harassment or discrimination during legal placements). This study examined students’ experiences and spoke to chambers offering placements. The findings are sobering. In seven of 25 (28%) of placements explored, participating students disclosed that they witnessed inappropriate behaviour – mostly involving inappropriate comments about gender, sexuality, race, class or disability. No student had made a complaint.
The research cites one female student describing ‘sitting in a robing room with male barristers, who were all discussing which female judges wanted to sleep with them and gave them an easier time in court’. She noted they laughed at their misogyny while being aware [she] was in the room. While she spun this as giving her useful insight into the challenges of equality and inclusion at the Bar, no aspiring barrister should emerge from a placement believing key to their success is an ability to deal with this type of behaviour.
As part of the Warwick study, participating chambers were asked what they did to minimise risk and what processes they had in place for students facing inappropriate behaviours. Measures to minimise risk included: rotation of barristers throughout a placement; careful selection of barristers with appropriate skills; use of junior (younger) barristers; short programmes and time spent shadowing barristers ‘in courtrooms’ or ‘client meetings’.
But such measures do not eliminate the risk of exposure.
Most chambers in the study had no process for ensuring students were aware of – or comfortable in using – any channel available to report a concern. It was rarely covered as part of any induction. Students were sometimes simply referred to a website, where policies listed did not cover students on a placement.
Harassment of mini-pupils and those undertaking work experience is a breach of Core Duty 5 and therefore serious misconduct. And although it is unclear if students on mini-pupillages, or in short-term placements, without remuneration are within the scope of the Equality Act 2010, the Health and Safety Executive is clear that ‘work experience students are your employees, like any other young person you employ’. In practical terms this means considering the risks faced by mini-pupils and those on placement as part of your duty to prevent sexual harassment. They should be included in risk assessments and chambers’ policies (see below).
Many chambers have already shifted to more formalised schemes for selecting and running mini-pupillages/work placements. This is good in terms of increasing opportunities for access and diversity at the Bar and ensuring infrastructure to support greater regulation and transparency around placements.
However, there is much more that needs to be done by chambers. We want to encourage chambers to pay much more attention to protecting aspiring barristers and ensuring they have a clear understanding of reporting and redress mechanisms in place.
Resources
Bar Council’s confidential helpline: equality@barcouncil.org.uk
Bar Council, Sexual Harassment Risk Assessment: Template for chambers
References
Bar Council Pupillage Gateway Report 2024
* Bar Tribunals and Adjudication Service (BTAS) Reports of Finding and Sanction: Robert Kearney and Navjot (Jo) Sidhu KC
Barristers’ Working Lives, Bar Council 2023 survey reported in Bullying, harassment and discrimination at the Bar 2023
The Warwick study: Munro, Vanessa (2024) Learning on the Job? Addressing students’ exposure to bullying, harassment or discrimination during legal placements. The Law Teacher, 58 (4). pp. 582-605
Health and Safety Executive, ‘Young people at work’
Please complete the Barristers’ Working Lives survey this month to help shape and prioritise the Bar Council’s work
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