EDI SUB-COMMITTEE
What if Court Hearings were held underwater? Catherine Michel
T
he social model of disability says that people are disabled by barriers in society, not by reason of a physical or other impairment or difference. A useful analogy that helps to put this concept into perspective is to imagine being told that Court Hearings had to take place underwater from now on and that this was accepted as the norm. How would you react? Even the most accomplished lawyer would struggle to deliver a persuasive opening argument whilst encumbered with breathing apparatus and a pair of flippers. Imagine if in that same scenario, you were treated detrimentally or discriminated against by others simply because you could not carry out the hearing underwater or if you voiced a complaint about what was being asked of you. This is just one analogy regarding the types of challenges disabled lawyers face daily when law firms, and society in general, fail to provide reasonable adjustments to their working and daily environment. Disability is not a minority issue. It is estimated that 3.7 million people or 19% of working adults are disabled in the UK. Not all disability is visible but can still have a substantial effect on a person’s normal day to day activities and life choices. Some examples include hearing or visual impairments, brain injuries, bowel disease and even diabetes. Despite these numbers, we live and work in a society which is inherently ‘ableist’ and where negative assumptions and stereotypes continue to exclude and disadvantage those not able to do things in a particular manner. A virtual Legally Disabled Roundtable Meeting was held on 18 November 2020 with members of the Disabilities Division of the Law Society (LDD) following the Legally Disabled Report prepared by Cardiff University. The report which can be found here http://legallydisabled.com/research-reports/ was coproduced with disabled people in the legal sector in England and Wales. The data comprising the Legally Disabled Report included focus groups throughout England and Wales, interviews and surveys with legal professionals including: trainees, paralegals, solicitors, barristers and judges. The key findings demonstrate that 60% of those surveyed had experienced illtreatment in the workplace, of which, 80% believed that treatment was related to their disability and that ill-treatment or fear of discrimination associated with disability did not always decline with seniority.
legal profession. The meeting was an opportunity to discuss the issues affecting those with disabilities working in law at any level. Members of the LDD shared their experiences and also provided recommendations in conjunction with the Legally Disabled Report as to what can and should be done to make positive changes and improve disability inclusion in the legal sector. Three key issues discussed at the Roundtable meeting were the: (i) lack of role models with visible disabilities within the legal profession at any level, but particularly in senior roles; (ii) lack of reasonable adjustments being made by employers and (iii) discrimination. Lawyers need to take responsibility for identifying these issues in their workplaces and make the necessary changes. One solution to the lack of role models and to also reduce the stigma associated with impairments is to encourage those in positions of seniority to speak openly about any impairments they may have themselves or to become advocates for those with disabilities which will encourage a general acceptance and openness at all levels. This in turn will encourage people to request reasonable adjustments and for those requests to be actioned. Most firms can easily implement inexpensive adjustments which will make a huge difference such as flexible hours to avoid rush hour commutes. Ill treatment and discrimination of disabled lawyers is predominantly due to poor attitudes and a lack of understanding towards an impairment or health condition so more education is required in firms to combat this. It is clear from the report that serious modifications are required within the profession with regards to career progression, working practices, adjustments and discrimination for those with both visible and invisible disabilities. Now is the time to make those changes. ■
Catherine Michel Senior Solicitor Capsticks
The results showed that exclusion of disabled people was not always intentional but was routinely accepted in relation to behavioural codes, rituals and stereotypical expectations. For example, 85% of those surveyed reported pain and fatigue associated with being disabled which will undoubtedly have an impact on day to day activities and performance. It is not surprising therefore that only 50 to 60 % of those with non-visible impairments had disclosed their disability to their employer. It is clear that urgent action is required to address these issues. At the Roundtable on 18 November, there were 20 attendees including members of the Disabilities Division of the Law Society (LDD), members of Westminster & Holborn Law Society as well as others interested in furthering disability inclusion within the CENTRAL LONDON LAWYER | 11
