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Barristers inherently face very specific challenges on a daily basis. If you need some help click on support to find contact details and advice on seeking support.
The professional lives of clerks and chambers’ staff include many potential stressors. If you don’t know how to broach an issue, want advice on your options.
These resources have been designed specifically for those who have completed their BPTC and for pupils up to tenancy.
Resources
Guidance on how to introduce wellbeing policies and initiatives and on tackling a wellbeing issue in chambers.
Examples of successful wellbeing initiatives adopted by chambers, Specialist Bar Associations and the Inns of Court.
Support
Who to talk to, how to get help in coping with the pressures and demands of life at the Bar.
Who to talk to and how to get help, resources are for clerks and staff themselves.
Support for students and pupils
Who to talk to and how to get help for those who have completed their BPTC and for pupils up to tenancy.
The confidential 24/7 helpline with access to counselling for barristers, pupils, clerks and chambers’ staff.
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Bullying and harassment are closely related concepts and they are often dealt with together.
What is Harassment?
Harassment is a technical term defined in the Equality Act 2010 as being:
“…unwanted conduct, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”
The Bar Council provides support for any sexual harassment issue at the Bar. Please see the following page: http://www.barcouncil.org.uk/supporting-the-bar/equality-and-diversity/sexual-harassment/
What is Bullying?
Bullying is not defined in legislation but ACAS describe it as:
“…offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient’
Bullying may be disguised as a form of firm management, so it is important to ask if there is objective justification for the treatment in question, both as to the reason for it and the way in which the treatment is delivered.
A bullying website describes bullying as:
“… conduct that cannot be objectively justified by a reasonable code of conduct, and whose likely or actual cumulative effect is to threaten, undermine, constrain, humiliate or harm another person or their property, reputation, self-esteem, self-confidence or ability to perform.”
Barristers are expected to be fearless and robust in defence of their client’s interests while maintaining their duty to the court and the administration of justice.
Context is important; justified performance management, making official complaints or reporting malpractice (when done in good faith and with relevant evidence) is not bullying.
You may be feeling like a senior member of Chambers, your Supervisor or the clerks are being hard on you. Incompetent supervisors may resort to bullying tactics due to their inability to motivate and understand the people they work with.
Tim Field was a UK anti-bullying activist and expert in the understanding and tackling of bullying in the workplace. His personal experience of being bullied and becoming physically and mentally unwell as a result led him to create the excellent resources on Bully Online.
This expert site about workplace bullying notes that in hierarchical work environments bullying may arise when people project their own inadequacies onto others.
However, bullies are not always in a position of authority, and power is multi-faceted e.g. your co-pupil may be bullying you by making false claims, spreading rumours, or encouraging others who may have an unsubstantiated grievance against the person.
What can bullying include?
It is possible for the person being bullied not to realise what is going on for some time. They may ignore the signs because they are convinced they cannot possibly be a victim of this destructive behaviour. Feeling shame and guilt about being bullied is perfectly natural and understandable. It is not unusual for those experiencing bullying to blame themselves and justify the bullying with some personal flaw. Some forms of bullying include:
- An unreasonable exchange in chambers, your workplace or outside court
- Unwanted physical contact
- Unwelcome remarks about a person’s age, dress, appearance, race or marital status
- Jokes at personal expense, gossip, slander
- Use of offensive language
- Isolation or non-cooperation and exclusion from social activities
- Improper pressure to take on work you cannot accommodate or accepting a brief (in your Second Six) at reduced fees
- Personal intrusion from pestering, spying and stalking
- Failure to safeguard confidential information
- Shouting and/or directed angry outbursts either in front of others or one to one
- Setting unrealistic deadlines
What is the difference between bullying and harassment?
The health impacts of bullying
This mental and physical state is directly linked to long-term negative impacts to our health and wellbeing. See here for further information on typical signs and symptoms of stress.
Self help
Some tips on how to manage a situation at work where you feel you are being bullied:
1. Take a breath. Find some space to think rationally and engage a calm approach. You may even find some deep breathing or muscle relaxation exercises useful.
2. Relax. Immediately following a bullying experience, you are bound to feel highly emotional and stressed, try to consciously relax.
3. Don’t blame yourself. Remember, you have done nothing to encourage this behaviour and you are not to blame for the bully’s actions towards you.
4. Consider your next step. Is there a breach of professional conduct? Also, approaching the bully might not always be the best solution and could make things worse, so draw up a list of possible options if you are worried that confronting the bully would negatively impact your career prospects or your reputation.
5. Be polite but firm. It is understandable to feel powerless because you are the most junior member of Chambers, but that does not justify bullying behaviour. If the bully is a judge, opponent or court clerk, rely on the fact that your exchange may be recorded. A note or record may be necessary for appellate purposes through MOJ, the Bar Council, or chambers’ complaints procedure.
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6. Fact check. Write down everything that takes place, when, where, who witnessed it and how you felt as a result. Remember to use any written evidence you can locate e.g. emails, notes or anything else which puts in writing what the bully has done. This can be particularly useful in cases of cyber bullying. You may start to notice patterns of behaviour and this evidence may be useful if you decide to confront your bully.
7. Seek advice from a trusted source. This might be your Pupil Supervisor, Head of Chambers, fellow pupil, other colleague or clerk, or a friend outside the profession. Ask them what they think of the behaviour. Are you being objective? Could you have made an assumption or jumped to conclusions?
8. Report it. If your experience relates more specifically to chambers it may be appropriate to report the matter to the Chambers’ EDO officer or the Head of Chambers. Chambers should have an anti-harassment policy (including sexual harassment) and it’s important for pupils to know what the policy says. It should say what the next steps are if the pupil wants/ needs to go down a formal route. Contact the Bar Council helpline 0207 611 1320 for advice.
Where can I find out more?
- https://www.youtube.com/watch?v=YmRKlZEXVQM – TED Talk on Sherry Benson-Podolchuk’s personal experience with bullying in the workplace, and how to empower people to speak up in the most effective way.
- https://www.youtube.com/watch?v=VZAn6x3yaYE – TED talk by Andrew Faas on how creating physiologically healthy workplaces can save lives and contribute to the economy
- https://www.youtube.com/watch?v=tlB1pFwGhA4 – TED talk by Clive Boddy on his research around the effects of toxic leadership and the influence of the presence of corporate psychopaths.
- http://www.americanbar.org/publications/youraba/2014/november-2014/bullying-by-and-of-lawyers.html – What to do about bullying between lawyers (including judicial bullying)
- http://www.acas.org.uk/media/pdf/e/b/Seeking-better-solutions-tackling-bullying-and-ill-treatment-in-Britains-workplaces.pdf – Policy discussion paper ‘Seeking better solutions: tackling bullying and ill-treatment in Britain’s workplaces’
- http://www.bullying.com.au/workplace-bullying/index.php – Further information on workplace bullying and resources to assist
Download information pack
If you would find it easier to read this content as a document, please download it here.
The information and resource packs above are designed to help you during a very specific period in your training to become a barrister. If you want to provide feedback on these resources, or to get involved in promoting wellbeing amongst those in a similar position to yourself please get in touch.
Training to become a barrister is pressured and demanding. Intensive competition for limited pupillages (and when in pupillage for tenancy or employment) can make collegiate relationships difficult. This website aims to provide you with the knowledge to manage those stressors, make emotionally informed, wise decisions and hopefully thrive in your chosen profession.
A simple expression that sums up wellbeing is ‘travelling well’
1 in 6 barristers feel in low spirits most of the time