Written By Jack J Collins, Editor of AllAboutLaw.co.uk

Bar parental leave policy set to challenge old stereotypes

Written By Jack J Collins, Editor of AllAboutLaw.co.uk

The Bar Council today set out its new policy regarding parental leave, cementing the idea that the Bar is becoming one of the most innovative and forward thinking bodies in the legal landscape.

“A culture shift is taking place at the Bar,” the Chair of the Bar Andrew Langdon QC has said, in response to new rules that will enable self-employed barristers to benefit from equal parental leave entitlements provided by chambers, regardless of how their partners use theirs.

Langdon was speaking in response to an announcement from the Bar Standards Board, the regulator of Bar activity, which stated that: "At its meeting [on the 25th May], the Bar Standards Board (BSB) agreed to change the equality rules to enable all self-employed barristers in chambers to take parental leave, regardless of whether their spouse or partner takes parental leave."

The statement went on to announce that "Parental leave would be made available to every member of chambers who becomes a parent or a carer of a child preceding or following birth or adoption; and that a parental leave entitlement should constitute, as a minimum, a period of one year away from practice (though a barrister would not be obliged to take the full entitlement)."

BSB Director of Strategy and Policy Ewen MacLeod said: "Our consultation paper asked whether self-employed barristers should be able to share their parental leave entitlements, as employed barristers can, or whether each parent should have their own parental leave rights regardless of their partner's employment status or parental leave rights.

"The majority of respondents favoured a rule change and most of those who wanted a change chose the latter option as being fairer and less bureaucratic. Having considered the issues carefully with our expert advisers, we agree.

"The rule change will allow barristers to share parenting, by allowing them to take whatever leave they want up to a whole year, without having to compromise the other parent's ability to also take a whole year of parental leave. 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."

Langdon's reponse went as such: “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.

“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.”

Bar Council Head of Policy for Equality and Diversity Sam Mercer 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.”

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