New Parental Leave Policy Driving Gender Diversity in the Legal Sector

The Bar Standards Board (BSB) has introduced 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.

The proposed rule changes, which were the subject of a BSB consultation that closed in February and are yet to be approved by the Legal Services Board, would mean 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;
• 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);
• The rule should apply to all mothers, fathers, and adoptive parents, as well as the married, civil, and de facto partners of biological or adoptive parents;
• Chambers' parental leave policies should allow parental leave to be taken flexibly, to enable barristers to maintain their practice and support their income while on leave; and
• The BSB would not prescribe what form this flexibility takes, however suggestions will be included in guidance.

Responding to the BSB announcement, Chair of the Bar Andrew Langdon QC said:

“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.”

(Source: BSB + The Bar Council)