Equality Act 2010, section 47

Barristers

Part 5 Work

(1)A barrister (A) must not discriminate against a person (B)—

(a)in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b)as to the terms on which A offers B a pupillage or tenancy;

(c)by not offering B a pupillage or tenancy.

(2)A barrister (A) must not discriminate against a person (B) who is a pupil or tenant—

(a)as to the terms on which B is a pupil or tenant;

(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c)by terminating the pupillage;

(d)by subjecting B to pressure to leave chambers;

(e)by subjecting B to any other detriment.

(3)A barrister must not, in relation to a pupillage or tenancy, harass—

(a)the pupil or tenant;

(b)a person who has applied for the pupillage or tenancy.

(4)A barrister (A) must not victimise a person (B)—

(a)in the arrangements A makes for deciding to whom to offer a pupillage or tenancy;

(b)as to the terms on which A offers B a pupillage or tenancy;

(c)by not offering B a pupillage or tenancy.

(5)A barrister (A) must not victimise a person (B) who is a pupil or tenant—

(a)as to the terms on which B is a pupil or tenant;

(b)in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;

(c)by terminating the pupillage;

(d)by subjecting B to pressure to leave chambers;

(e)by subjecting B to any other detriment.

(6)A person must not, in relation to instructing a barrister—

(a)discriminate against a barrister by subjecting the barrister to a detriment;

(b)harass the barrister;

(c)victimise the barrister.

(7)A duty to make reasonable adjustments applies to a barrister.

(8)The preceding provisions of this section (apart from subsection (6)) apply in relation to a barrister's clerk as they apply in relation to a barrister; and for that purpose the reference to a barrister's clerk includes a reference to a person who carries out the functions of a barrister's clerk.

(9)A reference to a tenant includes a reference to a barrister who is permitted to work in chambers (including as a squatter or door tenant); and a reference to a tenancy is to be construed accordingly.

Definitions used in section 47 1

detriment

“detriment” does not, subject to subsection (5), include conduct which amounts to harassment;

Defined in s.212(1) · see it in the full Act

Cases considering section 47 4

Michele Robinson v Michael Harris & Ors

[2026] EAT 71 · 12 May 2026Interprets

Section 47 is a jurisdictional gateway extending Equality Act protection to self-employed barristers in defined circumstances. It does not alter the substantive tests for discrimination, harassment or victimisation, which remain governed by sections 13, 26 and 27. (see paras [28]; [34]-[37])

Allison Bailey v Stonewall Equality Ltd & Ors

[2025] EWCA Civ 1662 · 18 December 2025Defines

States that section 47 applies to barristers, framing the statutory context for the basic contravention relied upon. (see para [8]) States that a barrister must not victimise a tenant by subjecting the tenant to pressure to leave chambers or another detriment. It forms part of the basic-contravention background. (see para [8])

Daniel Matovu v 2 Temple Gardens Chambers & Ors

[2023] EAT 58 · 20 April 2023

The provision makes discrimination, harassment and victimisation unlawful in specified relationships involving barristers and clerks, including subjecting a barrister to detriment. It framed the claims considered by the Tribunal. (see paras [7]; [173]-[175])

What each judgment says about section 47 is in the case-law panel in the full Act.

Explanatory note

162.This section makes it unlawful for a barrister or a barrister’s clerk to discriminate against, harass or victimise a pupil (a trainee barrister) or tenant (including a squatter or door-tenant) in the barristers’ chambers, or people seeking to be a pupil or tenant, in relation to the professional relationship between them. It also imposes on barristers a duty to make reasonable adjustments for disabled pupils and tenants.

163.It also makes it unlawful for a person instructing a barrister (for example, a client or instructing solicitor) to discriminate against, harass or victimise a barrister in relation to the giving of instructions.

164.This section replaces provisions in previous legislation providing similar protection for barristers, pupils, tenants and prospective pupils or tenants in barristers’ chambers. However, it no longer protects clients and clerks from discrimination by barristers because they can respectively seek redress under the “services” provisions or under other work provisions (section 39 and section 41) of the Act.

All the explanatory notes for the Act