Bullying and Harassment

There is no legal definition of bullying, but it can be described as unwanted behaviour from a person or group that undermines, humiliates, or causes physical or emotional harm to someone. It can take different forms, for example:

• It might be a regular pattern of behaviour or a one-off incident.

• It might take place face-to-face, on social media, in writing, emails or calls.

• It might not always be obvious or noticed by others.

• It might be verbal, non-verbal, or physical.

• It might be carried out by one person against another person or group, or by a group against another person or group.

• The perpetrator might be less senior than the person they are bullying.

Sometimes bullying might be classed as harassment, if it is related to a protected characteristic under the Equality Act 2010.

The Equality Act 2010 defines unlawful harassment as unwanted conduct that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for a person.

The unwanted conduct must relate to a protected characteristic (age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation), but the person experiencing the harassment does not need to have the protected characteristic.

The ‘harassment’ provision under the Equality Act does not cover the protected characteristics of marriage or civil partnership, or pregnancy and maternity.

The Equality and Human Rights Commission has published further guidance on the words and terms used in the Equality Act.

In addition, certain behaviour which may not meet the statutory definition set out in s26 of the Equality Act 2010 may still potentially amount to a breach of the BSB Handbook and in such cases, it will fall within our  ambit. For example, this may include harassment as defined under the Protection from Harassment Act 1997.

Harassment under the Equality Act 2010 also includes unwanted conduct of a sexual nature, which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

In some cases involving harassment (including sexual harassment), it may be necessary to have reference to the definition of criminal law offences. This is particularly so where the harassment might not be “unlawful” harassment for the purposes of the Equality Act 2010. The main Acts to be aware of are:

• Sexual Offences Act 2003
• Criminal Justice Act 1988 and Protection of Children Act 1978 (indecent images of children)
• Protection from Harassment Act 1997 (includes online harassment)  Serious Crime Act 2015 (coercive and controlling behaviour in a domestic relationship)

The Contact and Assessment team is the first point of contact at the BSB. The team is responsible for assessing concerns reported to the BSB and deciding what action, if any, is needed.

We usually receive reports via our online reporting form, but we can also consider taking reports via email, post or over the telephone.

We offer reasonable adjustments for those who have a disability, health or mental health condition.

What you can expect

Reports involving allegations of bullying and harassment are identified within 5 working days of receipt and will be allocated to an Assessment Officer who has undertaken specific training such as Vulnerable Witness training, Sexual Harassment and Misconduct training.

We aim to deal with reports of bullying and harassment as quickly as possible, we keep in regular contact with the reporter throughout the initial assessment stage, and we are always willing to discuss and explain all stages of our regulatory process.

We can also signpost the reporter to agencies who can provide additional support.

More information on the initial handling of the reports of harassment can be found on our website and more detailed information on how the Contact and Assessment Team deals with the reports in general can be found on our website.

The Investigations and Enforcement team carries out investigations into reports of potential misconduct and, where appropriate, progresses those cases referred to disciplinary action through the tribunal process. 

The process:

Step 1: Once a referral is made from the Contact and Assessment team, the file will be reviewed and a decision made on whether to accept for investigation, in line with our policies. Cases involving allegations of bullying and/or harassment will be handled sensitively, and by legally qualified members of the team who have had training in working with vulnerable witnesses.

Step 2: Early contact with the alleged victim will be made. Contact can be made via a third party if the alleged victim desires this. Signposting to support agencies will be made.

Step 3: Special measures will be discussed if there may be a need to give evidence.

Unless and until the matter is referred on to a disciplinary tribunal, the process will remain confidential as between the alleged victim, the barrister (alleged perpetrator) and any witnesses.

As a matter of practice, the BSB will not take enforcement action where a person who has been harassed has failed to report it.

The guidance for those involved in reports of harassment provides further detail of the investigation and enforcement process.

The Supervision team works with chambers, entities, sole practitioners and training providers to ensure that they are meeting their regulatory obligations and managing their risks effectively.

Where bullying or harassment has been identified, the case may be referred to this team. The Supervision team may take action where policies and processes in an organisation need to be strengthened, or where the information suggests a wider cultural problem exists. Cases are allocated within 3 working days to a member of our team who has had training in this area.

What action can we take?

We typically set actions for the organisation to improve their processes, and we work with key people until the actions have been completed. For example, where bullying or harassment has been identified, we may set actions around putting adequate support in place for the alleged victim(s), introducing mandatory training, introducing or updating relevant policies such as an anti-harassment policy or grievance policy, or looking at how the role of the Equality and Diversity Officer could be strengthened.

More information on Supervision can be found on our website, and more detailed information on how our team deals with reports of harassment can be found on our website.

Pupil Testimonial

A pupil contacted the BSB to ask about the process for transferring their pupillage from one provider to another. The query was handled by the BSB’s Supervision Team, and it soon became evident that there were some concerns about the quality of training being provided and the professional learning environment at the pupil’s current training provider, including allegations of bullying and harassment. The Supervision team began by advising the pupil on the options that were available in their circumstances, the likely timescales involved and how the different teams within the BSB may be able to support a pupillage transfer. Following further engagement with the pupil and an eventual visit to the training provider by the Supervision team, several actions were set around pupil supervisor suitability, equality and diversity and their handling of grievances.

The pupil provided the following feedback:

“After a difficult few months in pupillage, I reached out to the BSB supervision team. I waited as long as I did to get in touch as going to the BSB felt like a big and drastic step. The reality is that from the moment I got in touch, I couldn't have been better supported. The team facilitated a move from my then Chambers to a new set where I am now very happy. Things were always on my terms and the focus was entirely on helping me out of a difficult situation. If any other pupils find themselves in difficulty during pupillage, I encourage them to seek the support, guidance and practical help the BSB are able to offer.”