SRA update health and wellbeing in the workplace guidance

The guidance, first published on 7 February 2022, was updated on 2 May 2023, to require firms and individuals to include specific obligations in their Codes of Conduct to treat colleagues fairly and with respect, and not to engage in bullying, harassment or unfair discrimination.

The guidance states that the SRA has received complaints that some firms have an, “unsupportive, bullying or toxic working environment and culture.” There is particular concern that there is evidence which shows some solicitors with protected characteristics experience higher levels of unfair treatment at work, including women, people from a Black, Asian or minority ethnic background, those with a disability, junior solicitors and LGBTQ+ solicitors.

In the news release introducing the updated guidance, SRA Chief Executive, Paul Philip, said:

Referencing a number of recent cases, the SRA has made it apparent that poor working conditions not only impact the wellbeing of individuals, but also present a regulatory risk, where a firm’s culture may contribute to individuals committing misconduct. This in turn results in poor outcomes for clients, as well as reduced public confidence in the profession.

The guidance places an obligation on a firm’s managers to challenge unfair behaviour, which requires them to take effective action to address the behaviour which has been witnessed. In doing so, the manager/firm will be expected to consider whether it is appropriate to report incidents to the SRA. The SRA has provided the following examples:

• Where a challenge to unfair behaviour is attempted but does not succeed in ending the behaviour. This may raise regulatory concerns because the unfair behaviour has continued even after being challenged, and/or because the firm has failed to resolve the issue.
• Where a challenge does succeed in a particular instance, but the nature of the unfair behaviour may still pose regulatory risks.
• In cases involving a senior member of staff which cannot realistically be challenged successfully within the firm.

The SRA has made it clear that it will act if it is believed that there has been a serious regulatory failure. Essentially, firms should do everything they reasonably can to guard the wellbeing of those working in the firm, by protecting them from bullying, harassment, discrimination and victimisation, whilst supporting them to work safely and effectively.

The updated health and wellbeing in the workplace guidance helpfully references a number of other SRA guidance documents encouraging good practice, as well as some external resources.

In the guidance, the SRA acknowledges that a career in law will at times be pressurised and stressful but that it should nonetheless be rewarding. Indeed, the SRA’s Workplace Culture Thematic Review found that three quarters of respondents were working in a broadly positive environment. For anyone who is not, the SRA encourages them to report their concerns.