A review of bullying, harassment and sexual harassment at the Bar has recommended a ban on sexual relations between barristers and aspiring barristers, juniors and employees.
Baroness Harriet Harman said that “decisive and radical change is needed to effect a reset of the culture” at the Bar of England and Wales.
In her foreword to the report, the former deputy leader of the Labour Party said: “There needs to be clearly signalled insistence on standards, a preparedness to support those complaining and a determination to end the careers of those who commit misconduct.
“There needs to be an anxious vigilance at the senior levels of the Bar, both in respect of their own behaviour and in respect of their colleagues’ behaviour.”
‘Systemic issues’
The report said the case against Navjot (“Jo”) Sidhu KC, who was disbarred in March, highlights some of the “systemic issues facing the Bar with regard to sexual misconduct”. Sidhu was formerly the chair of the Criminal Bar Association and vice chair of the Bar Council’s equality and diversity committee.
Three aspiring female students or “mini-pupils” complained of his behaviour. Sidhu was charged with professional misconduct for “failure to act with integrity” and “acting in a way which is likely to diminish the trust and confidence”. There is no provision in the Bar’s handbook which specifically refers to, or prohibits, sexual misconduct. He denied all charges.
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In December 2024, a Bar Standards Board (BSB) tribunal found he had engaged in professional misconduct in relation to one complainant. It held that he ought to have known that an invitation for the woman to stay at his hotel in his bed was inappropriate and unwanted, and that the sexual activity was inappropriate. All charges relating to the other complainants were dismissed.
On 19 March 2025, the tribunal (by a 3:2 majority) disbarred Sidhu, but an appeal is pending.
Harman wrote: “The problem is the culture of impunity for those at the top who commit misconduct. Those who are subjected to it feel unable to complain. All the jeopardy is on them.
“Those in powerful positions, whether at the Bar or in the judiciary, who choose to engage in bullying, harassment or sexual harassment can be pretty confident that nothing will be done about it. And that is what must change. The jeopardy must change from the victim to the perpetrator.”
She added: “Chambers are collectives of self-employed barristers. Chambers are not legal entities subject to regulation. Though most large chambers have HR support, this is not the case for smaller chambers, which therefore have no in-house expertise and effectively no HR function to deal with matters in a way which supports culture change.”
‘Quiet word’
One barrister practising from chambers told the review: “Complaints can be raised within chambers; however, most chambers do not have specialist HR staff, and in any event, it is very hard for chambers to take internal disciplinary action satisfactorily.
“The options are in practice ignoring the issue (if raised), having a “quiet word” with an individual or expelling an individual from chambers. Chambers can be reticent to address the behaviour of individuals who, 1. earn well, 2. are senior within chambers, 3. with whom good or influential personal relationships have been formed and/or 4. have had a long and/or illustrious career. This is all the more so where this may have reputational repercussions for chambers itself.”
The review made 36 recommendations, including:
- greater clarity in the BSB’s code of conduct rules, mandatory anti-harassment/bullying policies and training
- better handling of complaints of bullying, harassment and sexual harassment
- a duty to report serious misconduct with exemptions for victims and their confidants, and work to encourage reporting by others, including a lower trigger of “reasonable suspicion” and sanctions for not reporting
- and protocols for data-sharing when there are concerns about an individual.
‘Unacceptable’
The BSB welcomed the review and agreed that the root causes of bullying and harassment at the Bar lie in culture and the power imbalances.
Mark Neale, director general of the BSB, said: “The report shows that the Bar must act now to make the culture change necessary to address bullying, discrimination and harassment. It’s unacceptable that the profession lacks a supportive and safe environment for all barristers and pupils.
“We have been wholly supportive of this review. We also know we need to do better ourselves.”
He added that the BSB is already implementing changes and consulting where necessary to improve its enforcement processes.
“We must also provide more support to those with the courage to come forward and make reports,” he said. “We fully accept that pupils and barristers will be much more willing to come forward to report harassment if they are confident that they will be sensitively supported through a robust and transparent enforcement process with no unnecessary delay.
“We will now fully review the findings and recommendations and work with the profession and other stakeholders to help improve the culture at the Bar.”
Chair of the Bar Council, Barbara Mills KC, said: “There is no place for bullying and harassment at the Bar. We’re aware of the scale of the problem, but seeing its impact on our colleagues and those aspiring to join the profession in this report makes for uncomfortable reading.”
“It is clear from the review that decisive action is required,” she added.
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