Learning Outcomes
By completing this article, you will understand how the SRA Principles require solicitors to act in a way that encourages equality, diversity, and inclusion. You will be able to identify unlawful discrimination, define protected characteristics, and advise clients or colleagues on complying with anti-discrimination law and SRA requirements. You will also recognise scenarios where breaches of these principles may arise in legal practice and understand the potential professional consequences.
SQE2 Syllabus
For SQE2, you are required to understand the application of the SRA Principles regarding equality, diversity, and inclusion from a practical standpoint. This article addresses:
- the meaning of "equality, diversity, and inclusion" as required by the SRA Principles
- the link between the SRA Principles and anti-discrimination law (notably the Equality Act 2010)
- identification and handling of discrimination (direct, indirect, harassment, victimisation)
- the consequences of non-compliance for solicitors and firms in England and Wales
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What are the core obligations imposed by the SRA on solicitors regarding equality, diversity, and inclusion?
- Name three "protected characteristics" under the Equality Act 2010.
- True or false? A solicitor may lawfully refuse to act for a potential client because of their religious beliefs if it makes the solicitor uncomfortable.
- Which SRA Principle is directly concerned with encouraging equality, diversity, and inclusion?
Introduction
The SRA Principles set out the fundamental standards expected of all solicitors and regulated firms in England and Wales. Acting in a way that encourages equality, diversity, and inclusion is not only a matter of legal compliance but is essential to upholding public trust in the solicitors’ profession. For SQE2 assessments, you must be able to identify when these issues arise in practice, distinguish types of discrimination, and explain the relevant responsibilities solicitors and firms owe to clients, employees, and the public.
SRA Principle 6: Encouraging Equality, Diversity, and Inclusion
SRA Principle 6 requires you to act "in a way that encourages equality, diversity, and inclusion" in all professional dealings. This principle goes beyond simply avoiding discrimination and instead requires positive action towards fair treatment and inclusivity.
Key Term: equality, diversity, and inclusion
Equality means treating everyone fairly and without unlawful discrimination. Diversity values the presence of people with a broad range of backgrounds and experiences. Inclusion is actively ensuring everyone feels accepted and able to participate.
Overlap with the Equality Act 2010
In practice, compliance with SRA Principle 6 is closely linked with the duties set out in the Equality Act 2010. The Act protects certain personal characteristics and sets the legal framework against discrimination in services and employment.
Key Term: protected characteristics
The characteristics protected by the Equality Act 2010 are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.Key Term: discrimination
Discrimination is the unlawful less favourable treatment of someone because of a protected characteristic. It includes direct discrimination, indirect discrimination, harassment, and victimisation.
Types of Discrimination
Solicitors must avoid all forms of unlawful discrimination in professional dealings. This includes:
- Direct discrimination: Treating someone less favourably because of a protected characteristic.
- Indirect discrimination: Applying a provision or practice that puts people with a protected characteristic at a disadvantage without objective justification.
- Harassment: Unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment.
- Victimisation: Subjecting someone to a detriment because they made or supported a complaint under the Equality Act.
Worked Example 1.1
Sarah, a solicitor, refuses to accept instructions from a client because they are from a minority religious group, stating she is uncomfortable working with those beliefs. Is this compliant with the SRA Principles?
Answer:
No. This is direct discrimination on the ground of religion and breaches both the Equality Act 2010 and SRA Principle 6. Sarah's personal views do not justify refusal of instructions on discriminatory grounds.
Duties in Practice
Solicitors’ obligations cover both client matters and relationships with colleagues, staff, and other parties.
Clients
You must not refuse to act, provide lower-quality service, or otherwise disadvantage a client due to any protected characteristic. Justified reasons to refuse instructions might include conflict of interest, lack of capacity, or instructions to break the law, not a protected characteristic.
Employment and Recruitment
Law firms must not discriminate in hiring, promotion, training, pay, or dismissal. Reasonable adjustments must be made for disabled employees or clients.
Key Term: reasonable adjustments
These are positive changes a service provider or employer must make to remove barriers faced by disabled people, if reasonable.
Worked Example 1.2
Alex is a trainee solicitor. During recruitment, the firm’s partner asks whether Alex intends to start a family soon, and later rejects Alex’s application based on a belief Alex would need maternity leave within a year.
Answer:
This is direct discrimination related to sex and pregnancy/maternity. The firm would be in breach of both employment law and SRA Principle 6.
Harassment and Professional Conduct
The SRA treats harassment—such as sexist, racist, or homophobic remarks or behaviour—as a serious professional breach, even if it occurs outside of work (e.g., on social media). Solicitors are also responsible for managing fairness and respect among staff.
Worked Example 1.3
David, a partner, discovers that a secretary is being bullied and sent abusive messages by another solicitor in the firm, but ignores it. The bullied secretary resigns citing harassment.
Answer:
Failure to investigate and take action to prevent harassment may itself breach SRA Principle 6. Employers are also liable for acts of their employees unless all reasonable steps were taken to prevent the behaviour.
Equality in Practice: Adjustments and Positive Action
Firms and solicitors must take reasonable steps to ensure their services are accessible to everyone and support employees’ needs.
- Providing wheelchair access or information in accessible formats
- Ensuring fair recruitment and promotion processes
- Offering training and policies on equality, diversity, and inclusion
Sometimes, measures ("positive action") may be taken to encourage participation from under-represented groups if legal criteria are met.
Revision Tip
Solicitors are personally accountable for compliance with the Principles—your individual conduct matters, even if firm policies are lax. Document decision-making and seek ethics advice if uncertain.
Sanctions for Breach
Breaching SRA Principle 6 or anti-discrimination law can have severe consequences, including disciplinary action, fines, or striking off. Firms are required to keep diversity data and may need to show compliance in investigations.
Exam Warning
If an exam scenario involves refusal of service, harassment, or negative conduct mentioning a protected characteristic, always identify the potential breach of Principle 6 and check for a possible breach of the Equality Act.
Key Point Checklist
This article has covered the following key knowledge points:
- The SRA Principles require solicitors and firms to encourage equality, diversity, and inclusion.
- Discrimination (direct or indirect), harassment, or victimisation based on protected characteristics is prohibited.
- Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
- Solicitors must not refuse to act or provide lower-quality service because of a protected characteristic.
- Law firms and employers must take reasonable steps—including reasonable adjustments—to prevent discrimination and harassment in staff and client matters.
- Failure to comply can result in serious professional consequences.
Key Terms and Concepts
- equality, diversity, and inclusion
- protected characteristics
- discrimination
- reasonable adjustments