BDBF is committed to providing a working environment free from harassment and sexual harassment and ensuring that all of our partners and staff are treated, and treat others, with dignity and respect. BDBF does not tolerate the harassment or sexual harassment of its partners and staff by any third party, and we encourage the reporting of any concerns to us.  We will investigate such reports and, where appropriate, take action to protect our partners and staff.

Who is a “third party”? 

A third party is anyone who is not an employee or worker of BDBF. In the context of BDBF, this may include (but is not limited to) the following:

• prospective, existing and former clients;
• solicitors at other firms;
• barristers and barristers’ clerks;
• court and tribunal staff;
• contractors;
• work experience students or interns;
• suppliers;
• other visitors to our office; or
• members of the public.

 
What is harassment?

Harassment under discrimination law is any unwanted conduct which is:

• related to age, disability, gender reassignment, race (which includes colour, nationality, ethnic or national origin), religion or belief, sex or sexual orientation; and
• has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

It also includes treating someone less favourably because they have submitted, or refused to submit, to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex, in the past.

Harassment may occur even where:

• it is a one-off incident;
• the victim does not make it clear that the conduct is unwanted;
• the perpetrator does not intend to harass; and/or
• the victim does not have the protected characteristic in question (e.g. they may complain about the treatment of someone else).

“Unwanted conduct” covers a range of physical, verbal and non-verbal conduct including (but not limited to) the following:

• spoken words;

• written words (e.g. in emails, text or other instant messaging);
• posts or contact on social media;
• photos or other images;
• physical gestures or touching;
• facial expressions;
• mimicry; or
• jokes.

BDBF also does not tolerate conduct which has the same impact on our partners or staff, even if it is related to the protected characteristics of marital or civil partner status and pregnancy or maternity (which are not covered by the definition of harassment in the Equality Act 2010) or not related to any protected characteristic, e.g. bullying and aggressive behaviour.

What is sexual harassment?

Sexual harassment occurs where:

• the perpetrator engages in unwanted conduct of a sexual nature; and
• the conduct has the purpose or effect of either violating the victim’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Sexual harassment may occur even where:

• it is a one-off incident;
• the victim does not make it clear that the conduct is unwanted;
• the victim has welcomed the conduct in the past, but it has become unwanted;
• the perpetrator is the same sex as the victim;
• the perpetrator does not intend to sexually harass; and/or
• the victim was not the intended recipient of the conduct.

Unwanted conduct of a sexual nature includes (but is not limited to):

• physical touching or suggestive gestures;
• sexual banter and jokes;
• talking about sex or using lewd language;
• displaying or viewing sexual images;
• unwelcome advances or suggestive behaviour;  
• leering or staring;
• sexually offensive or intimidating comments;
• commenting on appearance; or
• sending emails, texts, instant messages, social media posts or messages and phone calls with content of a sexual nature.

What action will BDBF take in relation to third party harassment or sexual harassment?

Where a partner or staff member reports concerns of third-party harassment or sexual harassment, BDBF will conduct an investigation.  This may involve notifying the employer or professional association of the third party in question. 

Where a complaint of third-party harassment is upheld, BDBF will take appropriate steps to deal with the complaint and to prevent it from happening again.  Action may include (but is not limited to):

• warning the harasser about their behaviour;
• notifying the harasser’s employer or professional association;
• terminating our relationship with the harasser and/or their employer or professional association;
• banning the harasser from our premises; and/or
• reporting the matter to a relevant regulator and/or the police.

Please contact Clare Brereton, Compliance Officer for Legal Practice, on ClareBrereton@bdbf.co.uk  if you have any questions about this policy.