Equality for parents at the Bar

The Bar Standards Board (BSB) has backed a rule-change to allow self-employed barristers to take parental leave.

The proposed change, which was the subject of BSB consultation that closed in February, is yet to be approved by the Legal Services Board.

If approved, however, chambers would have to offer at least one year’s leave from practice to any member who becomes a parent or carer of a child through birth or adoption. It would apply to mothers, fathers, and adoptive parents, as well as the married, civil, and de facto partners of biological or adoptive parents. Moreover, each parent would have their own parental leave rights regardless of their partner’s employment status or parental leave rights.

BSB Director of Strategy and Policy Ewen MacLeod said: ‘We think this could help the Bar to retain those with parental responsibilities by making it easier for self-employed barristers to combine work and family life. This could help with efforts to encourage more gender diversity within the profession, especially at the senior end.’

Barristers would not be obliged to take the full entitlement, and would be able to take their leave flexibly so they can maintain their practice and support their income.

Andrew Langdon QC, Chair of the Bar, hailed the rule-change as ‘a culture shift’ at the Bar.

‘This is a watershed moment which challenges the assumption that one parent should have to take more time out of their career, and take on more caring responsibilities, than the other,’ he said.  

‘The Bar Council has been lobbying for rule changes since the introduction of Shared Parental Leave in 2015 because we want parents to have a more equal role and because we want to see more equal numbers of men and women at the Bar. We know that women who leave the Bar for extended periods of time, such as for maternity, find it hard to come back. This move will help to place both parents on a more equal footing.’

Sam Mercer, Bar Council Head of Policy for Equality and Diversity, said: ‘The Bar is serious about supporting parents in the profession.

‘This is an important moment in the journey towards a more equal profession and society. The Bar Council will provide full support to chambers to ensure this change is managed effectively. New guidance will be issued shortly.’