Regulatory chiefs have backed proposals for a new requirement of law firm managers to call out when colleagues are being unfairly treated.

The Legal Services Board today granted in full an application from the Solicitors Regulation Authority to alter its rules relating to health and wellbeing. Under the plans, the SRA would make explicit the requirement to treat staff fairly and with respect. Managers would be required to challenge behaviour that does not meet this standard.

The changes to the code of conduct are part of a wider effort by the SRA to tackle and root out so-called ‘toxic’ behaviours in the workplace. This is accompanied by a greater emphasis on prosecutions for those who create or allow such conduct to happen at work.

Consulting on the changes last year, the SRA said: ‘We have seen some serious instances of people who work in law firms being treated unfairly and inappropriately. We consider it is vital that solicitors and their colleagues work together effectively and treat each other with respect and dignity.’

The SRA has rationalised that toxic working conditions not only impact the wellbeing of law firm workers but also pose regulatory risks, including poor outcomes for consumers and reduced public confidence in the profession.

The LSB decision notice backing the proposals states that the SRA should provide definitions of bullying, harassment and discrimination and advises that further guidance would prevent creating unintentional barriers to reporting.

The oversight regulator also asks the SRA how it expects the new requirements to work in practice for in-house solicitors. The regulator said in-house practitioners will be covered by the new regulations, although the requirement for managers to challenge unfair behaviours will not apply.

The rules will cover contractors, consultants and experts who work with regulated firms, as well as direct employees.

The LSB has also approved amendments on health and fitness to practice. These will allow the SRA to take into account anything, including health issues, which indicate solicitors may be unfit to meet their regulatory obligations and or to be subject to investigations or disciplinary proceedings. This is likely to limit prosecutions made against solicitors who can show they have a mental or other medical condition that affects their ability to practise.

The SRA will be able to impose conditions on individuals in certain circumstances if their health prevents them being able to comply with requirements.

The SRA explained to the LSB that it has developed a detailed process which sets out how it should engage with the affected party, what evidence should be requested regarding his or her health issue, how that evidence should be assessed and the various methods of concluding a case where health issues have been raised.

Now approval has been granted, the SRA will announce in due course when changes come into force.

 

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