Is the legal profession facing “a moment of reckoning” over sexual harassment?

By Alannah Henry

An independent review into sexual harassment and bullying in the Criminal Bar is set to lift the lid on endemic misogyny and widespread harassment. Whilst it is not due to be published until later this summer, a provisional copy of the report, chaired by Baroness Harriet Harman, was acquired by Channel 4. It has revealed serious failings by the regulator in both addressing allegations and protecting young women beginning their legal careers.

A central case of predatory behaviour highlighted in the review involves barrister

Jo Sidhu, former chair of the Bar Association and Society of Asian lawyers, who was disbarred for sexual misconduct. Baroness Harman emphasised “significant failings” by the Bar Standards Board in the handling of allegations made by three women whom Sidhu mentored, one of which was upheld. Harman further stressed the need for serious reform at both root and branch level considering the report’s findings of a wider culture of impropriety. The report is being anticipated by many as the legal profession’s long-awaited "MeToo moment". Whilst survivors of sexual abuse in media, policing and politics have instigated the movement in these spheres, the legal profession has yet to face a reckoning of a similar scale. Exhibiting exactly how the Bar’s regulatory body has mishandled complaints and processes is vital not only to protect victims of abuse and harassment, but also to attempt to minimise future incidences of this nature. The report has also criticised the untimely process of reviewing allegations against Sidhu, which took more than two years, meaning that victims were left in limbo and Sidhu was permitted to practise throughout this substantial period.

In the case of Sidhu, they empathised with the desire for timeliness, but stressed the need to “deal fairly and patiently with barristers’ various challenges to the process.”

However, debate surrounding due process, as well as the difficulties in addressing

harassment, have also been put forward. In response to the report, the Bar Standards Board insisted they took “allegations of sexual harassment very seriously.” In the case of Sidhu, they empathised with the desire for timeliness, but stressed the need to “deal fairly and patiently with barristers’ various challenges to the process.” Harman also cited potential difficulties in encouraging a culture of safety and transparency. She highlighted the close network of the Bar as being a potential deterrent to victims who may fear speaking out against an individual within a perceived collective, as well as the conflictual nature of legal roles being used to disguise incidents of bullying. These complexities could complicate the immediate reform necessary. However, it is patent that amends are made, with the Bar Standards Board accepting that “a change in culture at the Bar is needed.”

Prior to the commissioning of the report, there had been some level of improvement made to the Bar Council’s response to sexual harassment, as well as new government legislation to curb this harassment. The Bar Council had provided guidance to chambers on handling complaints, as well as introducing the reporting initiative Talk to Spot, aimed at providing a confidential platform to report misconduct. Furthermore, the UK’s Worker Protection Act (WPA) 2023 updated the Equality Act 2010, legally mandating employers to prevent sexual harassment before it occurs, rather than simply addressing allegations. These strategies show how legal reform has begun, suggesting that some protections are being afforded for lawyers.

Nevertheless, the review makes it clear that further change is necessary. Evidence from the investigation illustrates how many individuals, particularly those most susceptible to abuse, have been let down by The Bar’s procedures. The extremely competitive nature of the legal field can embolden perpetrators to target those seeking experience or mentorship, making young aspiring lawyers especially vulnerable to harassment. Therefore, it is vital that further initiatives are put in place, and that recommendations from the report are considered. The numerous accounts of misconduct in the review, including accusations of sexual assault and training contracts being offered in exchange for sexual favours, only serve to underscore the extent of the issue.

Whilst the final review may expand or amend elements of the obtained report, Harman’s assertion that systems to tackle “bullying, harassment and sexual harassment” must be strengthened will be a key takeaway.

It is important to reiterate that this is a provisional version of the report, with the final outcome set to be published in the coming months, but Channel 4’s copy details personal evidence contributed by those affected. Whilst the final review may expand or amend elements of the obtained report, Harman’s assertion that systems to tackle “bullying, harassment and sexual harassment” must be strengthened will be a key takeaway.

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