ARTICLE
What does Black History Month mean to me? Stephanie Boyce
T
o me, Black History Month offers an important reminder for us all to reflect on the stories of those overlooked by the history books – not just in October but all year round.
For many, racism in the workplace often manifests as unconscious bias. Unconscious bias comes in many different forms such as being passed over for promotion or a pay rise despite having the same level of experience and performance.
It’s an opportunity for us all to look back and remind ourselves of the struggle for equality, liberty and human dignity. In the legal profession, there were many firsts of those overcame racial inequality to succeed in the profession.
It is also an issue at recruitment level. For example, if a white candidate is given the job over a Black, Asian and Minority Ethnic candidate who speaks English as a second language and is equally qualified.
For example, Thomas Morris Chester, the son of an escaped slave born in the US in 1834, who is believed to have been the first African American to qualify as a barrister in England.
These biases become even more apparent when they intersect with other protected characteristics. Those with more than one protected characteristic – such as those from the LGBT+ community or with disabilities – experience double or triple barriers to progression, making it even more difficult to break the glass ceiling.
More recently, Sandi Okoro, one of the first Black women inhouse counsel in financial services. Black History Month raises awareness of how these oftenoverlooked figures have contributed to our profession. But perhaps even more importantly, it also offers us an opportunity to look at how we can further equality and positive change in our profession and wider society. And this year, the message is timelier than ever. In 2020, George Floyd’s death and the Black Lives Matter movement protests have thrown a light on the systemic racism and inequalities which exist in all aspects of our society – and the legal profession is no exception. It is impossible to take action if as a society and a profession, we are in denial that racism exists. We need to acknowledge and investigate racism in the legal sector, listen and identify the actions we need to take to build a more inclusive profession. As of 31 July 2019, 17.5% of all PC holders – for whom ethnicity is known – are Black, Asian and Minority Ethnic. Black, Asian and Minority Ethnic solicitors represent 18.7% of PC holders working in-house, 19.1% of central and local government solicitors and 15.7% of private practitioners. While these statistics are higher than the national average of 14% Black, Asian and Minority Ethnic employees in the working population, Black, Asian and Minority Ethnic solicitors are simply not reaching senior levels in equal numbers to their white counterparts. In private practice, 25% of Black, Asian and Minority Ethnic and 35% of white European practitioners are partner equivalents but Black, Asian and Minority Ethnic partners often work in smaller 2- 4 partner firms. 19% of partners with 2- 4 partners are Black, Asian and Minority Ethnic, compared to 8% of 81+ partner firms
Within the legal sector, 0.8% of solicitors identify as African Caribbean, 1.8% as African, 0.1% as Black (other), 10.1% as Asian, 1.5% as Chinese and 3.1% as other ethnic origins. Clearly, we need to understand individual experiences better. That is why the Law Society is conducting research into the experiences of Black, Asian and Minority Ethnic solicitors to understand better the barriers to career progression. We hope this will provide important insights into the barriers Black, Asian and Minority Ethnic solicitors face in the workplace and how legal businesses can drive racial diversity to the most senior levels. To build a more inclusive profession, firms and legal businesses must have open discussions about what needs to change in their organisations and the right policies in place. For example, having blind recruitment and contextual recruitment, diversity on any decision-making panels and clear and fair promotion and pay rise structures. Good workforce data will be key to challenging or confirming perceptions around progress. Individual businesses should capture this data and use it to assess whether current diversity and inclusion initiatives are working and if not what needs to change. Black History Month serves as an important and timely reminder that we need to act now to ensure that the next generation of solicitors enter a more diverse, inclusive profession. ■
Stephanie Boyce
Vice President The Law Society of England & Wales
When speaking about diversity in the profession, it is important to recognise that using the term BAME can lead to unhelpful generalisations which are not inclusive. Different ethnic minorities have different experiences and challenges in the workplace. CENTRAL LONDON LAWYER | 13
