- Home //
- CV of Pamela Forte //
- What We Do //
- How We Do It //
- What Makes Us Special //
- News and comment //
- Contact Us //
1.1 Forte Law is committed to promoting and maintaining equality and diversity and to the prevention of discrimination and/or harassment in relation to all aspects of our business.
1.2 This policy sets out Forte Law’s obligations in relation to equality and diversity and how we intend to fulfil those obligations and promote and maintain equality of opportunity and diversity in everything we do. In so doing we intend to meet the expectations of our clients, suppliers, employees and independent contractors (where applicable) and the Solicitors Regulation Authority and any other relevant regulatory bodies.
1.3 This policy will be published on Forte Law’s website and made available to clients, suppliers, the Solicitors Regulation Authority and any other relevant third party upon request. Upon request we can provide this policy in large print format or on audio cassette tape.
1.4 This policy shall be effective from 6 August 2007
2.1 Forte Law will monitor the implementation of this policy on an ongoing basis to ensure that the principles and procedures set out in it are being effectively implemented by the practice and in any event a formal monitoring process shall be carried out and recorded in accordance with 2.2 below.
2.2 We will monitor by reviewing on a six monthly basis commencing 1 February 2007 the operation of this policy by careful consideration of whether all of our business activities over the preceding six months were compliant with it. In the carrying out of such monitoring we will give due regard to any complaints (including any expressions of dissatisfaction) with regard to any issue covered by this policy and any circumstances where Forte Law has identified any shortcomings in its implementation of this policy. We will use the monitoring process to identify and, where our resources allow, address any failure to implement this policy and best practice. Forte Law will keep a written record of this formal monitoring process and of any action points identified as a result of it.
2.3 Forte Law does not currently employ employees or engage independent contractors to provide any of its services to clients. In the event that any decision is taken to employ or engage the services of any third party in connection with the provision of its services to clients we will review this policy and make such amendments as are appropriate to reflect the obligations of Forte Law in relation to such third parties and their own obligations to be aware of, promote and maintain Forte Law’s policy in relation to equality and diversity
2.5 Forte Law will review this policy on an ongoing basis to reflect changes in the law and guidance issued from time to time by the Solicitors Regulation Authority, the Law Society and any other relevant body and best practice (having regard to the resources available to us) for a sole legal practice committed to the principles of equality, inclusion and diversity. In any event this policy will be reviewed on or before 31 May 2008 and at least annually thereafter.
3.1 Forte Law will not in its dealings with clients, suppliers, barristers, other lawyers or any third party (including, to the extent relevant, any future employees, partners, members or directors) discriminate, without lawful cause, against any person, nor victimise or harass them on the grounds of:
a) race or racial group (including colour, nationality and ethnic or national origins);
b) sex (including marital status, gender reassignment, pregnancy, maternity and paternity);
c) sexual orientation whether actual or perceived (including civil partnership status);
d) religion or belief;
e) age whether actual or perceived ; or
f) disability.
3.2 Forte Law will take such steps and make such adjustments as are reasonable in all the circumstances in order to prevent any of its clients or, to the extent relevant, any future employees, partners, members or directors of Forte Law, who are disabled from being placed at a substantial disadvantage in comparison with those who are not disabled.
Discrimination occurs when one person is treated less favourably than another is treated, or would be treated, in the same or similar circumstances without legitimate reason.
Direct discrimination occurs where one person treats another less favourably by reason of one of the grounds set out in 3.1 above and, in respect of age discrimination only, it cannot be shown that the treatment in question was justified.
Indirect discrimination occurs where a provision, criterion, practice, requirement or condition (as appropriate) which is applied to everyone has the effect of placing at a disadvantage a particular person, or group of people , by reason of any of the grounds set out in 3.1 above except age. (The provisions relating to indirect discrimination are not applicable to discrimination on the grounds of disability).
Indirect discrimination can occur whether or not the person applying the provision, criterion, practice, requirement or condition intended to discriminate against the person or group of people affected.
The term “without lawful cause” means that the discrimination has taken place in circumstances which are not dealt with under the following paragraphs in this 4.1.
Permitted exceptions and justifiable discrimination
There are permitted exceptions to the legislation variously referred to as Genuine Occupational Qualifications (GOQs) and Genuine Occupational Requirements (GORs). These apply in relation to discrimination on the basis of race, sex, sexual orientation, religion or belief, and age. The exception to the concept of GOQs and GORs is discrimination on the grounds of disability. This relies upon whether it can be shown that the discrimination in question was reasonable.
In certain circumstances a provision, criterion, practice, requirement or condition which is applied to everyone, but which places a person or group of people at a disadvantage, may be justified if, amongst other things:
a) it was imposed other than for the purposes of discriminating;
b) it was appropriate and necessary to achieve the required aim; and
c) the means of achieving that legitimate aim were appropriate and necessary.
Harassment occurs when one person subjects another to “unwanted conduct that has the purpose or effect ….of creating an intimidating, hostile, degrading, humiliating or offensive environment”, in other words threatening, abusive or insulting behaviour, words or actions, which violate the other person’s dignity or create a humiliating, intimidating or hostile environment. Harassment may involve physical acts or verbal and non-verbal communications and gestures. A series or minor acts or comments can constitute harassment as can a one-off act of sufficient severity.
Victimisation occurs when a person is treated less favourably because he or she:
a) has asserted a right not to be discriminated against on one of the prohibited grounds set out in 3.1 above;
b) has assisted another to assert a right not to be discriminated against on one of the prohibited grounds set out in 3.1;or
c) has given evidence in a tribunal or court relating to the assertion of such a right.
The protection applies only to assertions made in good faith.
Less favourable treatment, as used in relation to disability discrimination, occurs when a person with a disability is treated in a detrimental way in circumstances where a person without that disability would not be so treated.
A person has a disability if (s)he has a physical or mental impairment, which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.
Failure to make reasonable adjustment is a failure to take such steps (adjustments) as are reasonable in all the circumstances to ensure that arrangements for clients, employees, partners, members and directors, the premises from which business is undertaken and the service provided, do not put at a substantial disadvantage a person with a disability when compared with a person without that disability without justification.
The duty to make reasonable adjustments where failure to do so cannot be shown to be justified comprises of:
a) changing practices, policies and procedures;
b) providing auxiliary aids and services;
c) overcoming a physical feature by removing, altering or avoiding it or by providing services by alternative means.
Broadly, consideration of whether an adjustment is reasonable would include an assessment of the following:
a) the effectiveness of the adjustment
b) the cost and availability of resources and any unreasonable disruption it might cause.
Forte Law will implement the key principles set out in 3. above in the following ways:
a) Forte Law will observe the key principles in accepting instructions from and all its dealings with clients and third parties;
b) In any circumstances where barristers or any third parties are to be instructed by Forte Law they will be instructed solely on the basis of their skill, experience and suitability (having regard to issues such as specialist expertise and cost) to undertake the work in question. Forte Law will comply with a client’s request to instruct a named barrister (subject to our duty to discuss the suitability of that barrister for a particular type of work). Where a client’s instructions as to the choice of barrister are based on any of the grounds in 3.1 Forte Law will encourage the client to modify them. If the client refuses to do so, Forte Law will cease to act for the client.
c) All suppliers of services or products to Forte Law will be selected only on the basis of their suitability to supply such services or products and selection will not be discriminatory having regard to any of the grounds set out in 3.1.
d) Forte Law will expect its suppliers of services and products and all third parties from whom it commissions services or products to be committed to the principles of equality and diversity set out in this policy and will not knowingly commission services or acquire products from any third parties who engage in discriminatory practices.
e) Forte Law’s terms of business will state Forte Law’s commitment to meeting the needs of all of its clients. The terms of business and Forte Law’s complaints policy and any other external policy will be supplied in large print format or on audio cassette tape on request.
f) Forte Law’s website will be designed to incorporate features which will make it accessible to persons with a disability.
g) In the provision of its services Forte Law will at all times:
Forte Law is committed to the principles set out in this policy and their effective implementation and will do its best to resolve any complaints relating to any of the issues covered by this policy. Any complaint should be addressed to:
Pamela Forteor sent by electronic mail to pamela.forte@fortelaw.co.uk. Where possible, complaints should be made in writing but Forte Law will consider complaints made orally in circumstances where, by reason of a disability, any person would be disadvantaged by having to make a complaint in writing. Forte Law will also make any other reasonable adjustment to its complaints procedure in order to make the process accessible to persons with a disability. A copy of Forte Law’s formal procedure for handling complaints will be made available upon request and can be supplied, upon request, in large print or on audio cassette tape.