SRA releases guidance to law firms on wellbeing at work
The Solicitors Regulation Authority has released updated guidance aimed at helping law firms and their employees understand the implications of new workplace health and wellbeing regulations. These regulations were recently implemented after receiving approval from the Legal Services Board (LSB).
The guidelines outline specific obligations within the Codes of Conduct for both firms and individuals, emphasising the importance of treating colleagues fairly, with respect, and prohibiting acts of bullying, harassment, and unfair discrimination.
Furthermore, the guidance provides clarity on how the authority handles situations where a solicitor’s health issues may impact their professional practice or involvement in enforcement procedures.
Prior to submitting the new regulations to the LSB, a thorough consultation process was conducted, incorporating feedback from various stakeholders. As a result, the initial proposals were modified to include a requirement for all solicitors to actively challenge any instances of unfair treatment they witness.
The revised rules now place this responsibility on senior managers within firms, including partners. The updated guidance also outlines expectations for firms to cultivate a working culture that encourages junior staff members to voice complaints without fear of reprisals.
SRA Chief Executive, Paul Philip, said: “The legal sector can be a very fast-paced and demanding environment in which to work. While it is up to firms how they run their individual businesses, it does become a regulatory issue if poor working cultures start to impact staff wellbeing, behaviour and ultimately standards of service to the public. That is where we have a duty to act.
“In order to make sure the public are protected the rules also clarify the position where a solicitor’s health raises regulatory risks. This can include situations where a solicitor is too unwell to take part in an enforcement process.”
In its Workplace Culture Thematic Review, published in 2022, the SRA discovered that around three-quarters of participants reported functioning within a generally positive work environment. However, the review also unveiled concerns and challenges pertaining to the pressures faced by solicitors.
Prior investigations, such as those conducted by the charitable organization LawCare and the Junior Lawyers Division of the Law Society, had already shed light on the sector’s elevated stress levels, as well as instances of bullying and discrimination.
In recent years, several cases have arisen suggesting that the working culture within certain firms has played a role in the misconduct of individuals, particularly junior solicitors.