A better way to work

This month sees the launch of an integrated Equality and Diversity Strategy by the Law Society of Scotland, but what does this mean for the Society, its staff, and the profession in Scotland as a whole?

Pick up a book, management text, or even a newspaper article on the topic, and discussion of equality, or equality related issues, will usually be dominated, or at least initiated, with discussion of the special statutory protections in the key areas of:

• Age
• Disability
• Gender
• Marital status
• Race
• Religion and belief
• Sex
• Sexual orientation

It should be no surprise that within the Society there has been plenty of discussion of legislation, case law, the various statutory codes, and what must be achieved to meet our legal responsibilities. Indeed a whole chapter of our Strategy deals with key legislation governing the field, some of the most relevant of which is:

• Equal Pay Act 1970
• Sex Discrimination Act 1975, as amended
• Race Relations Act 1976, as amended
• Disability Discrimination Act 1995, as amended
• Employment Rights Act 1996
• Protection from Harassment Act 1997
• Human Rights Act 1998
• Employment Act 2002
• Employment Equality (Religion or Belief) Regulations 2003
• Employment Equality (Sexual Orientation) Regulations 2003

The need for legal compliance is undeniable. However the Society has placed the emphasis on something slightly different, and something that I believe is more positive, forward-looking and constructive than broad categorisations and statutory minimums.

The training we provided to Council and Committee members, as part of the introduction of this strategy, started with a very simple exercise, one which you could try before reading further. Participants were simply asked to list 10 key principles of good customer service, be that thinking of a shop, a restaurant, a bank, or a visit to your GP. What springs to mind?

Flipcharts tended to be covered in terms such as:

• clear communication
• friendly, helpful
• informed
• polite
• flexible
• accessible
• listening
• willing
• unhurried
• understanding
• non-threatening
• mannerly
• adaptable
• etc.

These concepts are at the heart of equality and diversity. They are about respect, the need to understand those you work with as associates and customers/clients, and the need to be flexible to deal with differing needs. Of course the Society has to meet the statutory standards, and using the list of protected grounds (age, disability, etc) helps remind us of those people with and for whom organisations have often been less good at working. However, the focus should be on the aspiration of treating EVERYONE fairly and trying to ensure that they have the same opportunity to fulfil their potential.

This also brings with it a responsibility to deal with situations where discrimination is present, in any of its common forms, as illustrated in the box above.

Whilst that provides a summary of what we mean by the term “equality”, what does the “diversity” element mean? Diversity is about recognising that everyone is different in a variety of ways, some of which can and some cannot be seen; some of which are protected by legislation and some not; and that this difference should be recognised, respected, valued, and indeed harnessed – because for the Society to carry out its functions effectively for profession and public, we must understand both those groups which we serve. It is this positive, forward looking and business orientated concept that is diversity.

The Society provides services to the profession such as training, CPD, and the professional practice helpline. Services to the public include the provision of generic information on a range of legal topics, the provision of contact details for local/expert assistance from a solicitor, and of course our complaints function. We also assist other organisations, for example by providing comment and feedback on proposed legislation through our law reform committees and staff. The Society should always be thinking about how we can best deliver these services, and equality issues, and talking about barriers for specific groups is an important aspect of that.

The Strategy was developed by undertaking an audit of all our functions, policies and procedures across each of the Society’s functional areas. These lists were then ”scored”, a system like risk assessment, to identify which ones were most likely to have an equality impact. Individual areas were then prioritised and action plans, to address issues identified, drawn up. Common themes that spanned several areas of work were identified and became our Strategic Equality and Diversity Objectives. Departments were then asked to feed back the strategic objectives into their departmental plans.

That is a crude summary of a complex process, but one that means we have fed the knowledge of those on the “ground floor” up to management level, and then back down. As well as ensuring an appropriate approach to equality and diversity it has also meant an increased understanding of what we do and how we work as an organisation, a huge benefit to gain without external consultants or significant costs.

The strategic objectives, summarised opposite, apply both to how the Society works and to the profession – we’ve added comments on what they might mean for you.

This article has tried to give you an overview of equality and diversity and the Society’s plans. However, it is a summary of a 60 page strategy (with two hefty appendices!) and we encourage you to view the full document on our website if you wish to find out more. We would also be delighted to hear from those in the profession and beyond who are interested in getting more involved, have expertise to share, or want to offer feedback. Individuals can contact the Society, in confidence if desired, by any of the means listed at the end of this article.

The Society has developed a real enthusiasm and commitment to equality – because we have to comply with the legislation, because it is the right thing to do, because understanding who we regulate and regulate for is vital if we are to be effective, and because we can see benefits above and beyond the equality arena. We undoubtedly have work to do, and no one can afford to be complacent in this field, but we believe this strategy is a significant step forward.

Neil Alan Stevenson is Head of Diversity and Deputy Director of Education and Training

Anyone who wishes to learn more about equality and diversity, offer feedback on our document, or to become more involved in the work of the Society should contact (diversity@lawscot.org.uk), 0131 226 7411, text-phone 0131 476 8359 or the Head of Diversity at the Society’s usual address.

FAIR COMMENT

Caroline Flanagan

President of the Law Society for Scotland

One of the key issues I wanted to focus on during my presidency was communication, and that lies at the heart of equality and diversity.

We need to listen to, and understand, a profession where the average age of a solicitor is getting younger, which more women than men have been entering for some time now, and where both sexes are wanting a better work-life balance. We also need to take account of the fact that greater access to higher education is dramatically changing the demographics of those in law schools. Finding ways to build a dialogue with all the groups that make up the profession, the public, and the other organisations we need to work with is going to be both a challenge and a tremendous opportunity.

Douglas Mill

Chief Executive, The Law Society of Scotland

This is something the Society has been committed to for a long time, but we are delighted that extra effort over the last year means we are now launching this three-year strategy. The Society was recently brought under the Race Relations Act and was required to publish an action plan by this month. However we’ve taken that a step further and prepared for future changes to the law by addressing all areas of equality at once and taking an integrated approach. This is not only more efficient, but it will also mean a better end result.

The bottom line is that the Society has to be able to demonstrate commitment to these issues as part of our commitment to effective regulation. I want to see the Society as confident, open, and talking about how we can best do our job to benefit everyone. Developing this strategy has given us a chance to bring in outside expertise and enthusiasm and look at things from a different angle. I believe it will lead to much greater things than simply meeting statutory minimums.

Anderson Strathern – Robert Carr and Jill Bell

Jill Bell heads Anderson Strathern’s specialist discrimination unit which encourages “best practice”. She says: “The issues can seem complex and it is not always easy to get things right, but if companies and organisations take a less than proactive approach in relation to equality and diversity and put their heads in the sand, the result can be significant claims, with associated cost and media attention, which could be avoided with a bit of thought and planning”.

The Society is grappling with many of the same issues as many large law firms – such as in competing to recruit the best trainees. Robert Carr, Chairman of Anderson Strathern, comments: “We are well aware that issues such as ‘work-life balance’ and flexible working are essential in attracting and retaining talent, something we have been building into our approach for some time now. The Society is trying not only to manage its own staff but also entry to the legal profession as a whole, and only through a long-term and integrated strategy is change likely.”

Carr continues: “Equally, for large firms competing in a competitive environment we know our clients often take into account our approach to issues such equality and diversity, in relation to how we provide services, manage our business and present ourselves. This is no different for the Society, although those assessing it include the public, the profession, and organisations such as the Scottish Executive and the two parliaments. Hopefully a public and open approach to these issues will ensure the Society is judged on what it is actually doing and achieving rather than preconceptions about the profession”.

Gerry Brown

Council Member and Senior Partner, Livingston Brown

Having been asked to attend an “equality and diversity” training session by the Society I was not sure what to expect. I was sceptical that after over 25 years as a court practitioner, dealing with the huge range of people that entails, it would offer me anything new. However, even though it was focused on my role as a Council member and committee convener, it was practical and thought provoking – raising several ideas I have taken back to my practice and which we will now include in future plans. One simple example would be some issues around disability. Lots of my older clients have hearing and sight issues, and I hadn’t thought how the simplest things could help: asking the secretary at the end of a dictation to print a letter in a bigger font, or shutting an office window to cut down background noise for someone with a hearing aid. In the strategy the Society has to deal with some fairly big issues, but I was pleased to see how it plans to give short, practical and positive advice to small and medium sized businesses that already have a lot to deal with.