Ethics Hub
Scenario: Your new colleague confides their concerns about a work social event
You are a Costs Lawyer working in a national solicitors firm. You are part of a large team that have been representing a major client in complex litigation. After months of preparation and lengthy court proceedings, the case has concluded in the client’s favour.
The partner leading on the case, Kerry, is delighted. She insists that the team should go for celebratory drinks at a local bar. The bar is an upscale and relatively expensive venue where your firm regularly hosts social events.
The team enjoys several rounds of drinks at the bar. Early in the evening, you notice one of the newer members of the team, Jackson, quietly leave the bar. Jackson joined the firm a few months ago as a trainee, and he has been working with you on some of the costs aspects of the litigation.
The next day at the office, Jackson confides in you that he left the bar early because “I’m trying hard to save money because everything is so expensive right now, and I don’t drink anyway for religious reasons.” However, he is now concerned that this will affect Kerry’s opinion of him, and might jeopardise his future prospects at the firm.
Later on, Kerry mentions to you that she noticed Jackson left the bar early yesterday, adding that she thinks it was “quite rude” and that he “doesn’t seem like a team player.”
What, if anything, should you do?
Principle 6 of the Costs Lawyer Code of Conduct requires Costs Lawyers to treat everyone fairly and equitably, and with dignity and respect. This includes your clients, your colleagues and third parties.
Recent research has shown that social events that predominantly focus on going to pubs and bars can create uncomfortable situations for lawyers who do not drink for religious reasons, and may also create inadvertent barriers to career progression. However, it is important to note that social events that centre on alcohol may also be uncomfortable or present barriers for other groups too.
In this scenario, you could suggest to Kerry that she talks to Jackson to ask about why he left early, rather than making assumptions which could be inaccurate. You could remind Kerry about her obligations under the Code of Conduct (if she is a Costs Lawyer), the SRA Standards and Regulations (if she is a solicitor), or her obligations under another regulator she may have. You could remind her of the importance of creating an inclusive workplace environment and the benefits that this brings.
You could also consider talking to Jackson and asking if he would be willing for you to share his reasons for leaving the bar early with Kerry.
If you are able to do so, you could instigate a discussion about different ways in which team accomplishments could be celebrated. You could have this discussion as a team, to ensure different views and perspectives are considered, or consider doing this at a wider firm level in conjunction with staff networks or groups.
- Principle 6.1 – You must treat all clients, colleagues and third parties fairly and equitably, and with dignity and respect. You must not bully or harass them, or unfairly discriminate against them (either directly or indirectly) on the grounds of age, disability, race (including colour, ethnic or national origin, nationality and citizenship), sex, gender reassignment, pregnancy and maternity, marital status (including civil partnerships), sexual orientation, religion or belief.
- Principle 6.2 – You must not engage in or facilitate counter-inclusive conduct or harassment which, intentionally or unintentionally, narrows or denies opportunities to people because of their background or characteristics.
See our resources on the following topics in the Ethics Hub:
- Equality, diversity and inclusion for Costs Lawyers