Bullying & harassment at the Bar

Harman’s explosive ‘Independent review of bullying, harassment and sexual harassment at the Bar’, published this week, draws on the experience of hundreds of professionals, including those who have been groped, propositioned, shouted at in court and left feeling ‘completely isolated’. Most victims did not report their experience because they feared being labelled a ‘troublemaker’.

‘Bullying, harassment and sexual harassment is a problem at the Bar and on the Bench, within chambers and courtrooms, in open court and behind robing room doors,’ Harman said.

Her review makes 36 recommendations for reform, including proscribing as misconduct any sexual relations between barristers and pupils, mini-pupils or people on work experience. It recommends mandatory anti-bullying and anti-harassment standards, policies and training across the profession, time limits for processing complaints, and the creation of a commissioner for conduct.

Harman’s review proposes abolishing the three-month limit for a barrister to make a complaint against a judge. It also suggests that sanctions decisions against judges are taken by the Lady Chief Justice and Lord Chancellor—to counter the perception that disciplinary action is too soft.

Examples given of judicial bullying included one first-tier tribunal judge with a reputation for bullying juniors, especially women, who is believed to have been spoken to by senior judiciary but with no effect. Harman’s review reports: ‘In a recent case, he refused to deal with female counsel and instead directed his questions to male counsel. He spoke to the female counsel in a negative tone, scoffing and rolling his eyes every time the female counsel spoke. This is apparently not uncommon.’

Bar Council chair Barbara Mills KC said the review made for ‘uncomfortable reading’ and it was ‘imperative that all barristers have a safe working environment’.

Baroness Carr, the Lady Chief Justice, said there are ‘too many examples of judicial bullying… We are currently reviewing the routes available to raise concerns and resolve issues and working to challenge and change unacceptable behaviour.’