Barristers in chambers generally work for themselves rather than as employees of their chambers. Section 47 of the Equality Act 2010 sets out separate duties for barristers and their clerks, and section 48 does the same for advocates in Scotland. As chambers and clerks' rooms start to use software to sift pupillage applications, allocate work and track fees, this page explains what those sections require.
The short answer: a barrister, and a barrister's clerk, must not discriminate against, harass or victimise applicants for pupillage or tenancy, or pupils and tenants, including in the terms offered, access to training, experience and other benefits, ending a pupillage, pressure to leave chambers or any other detriment. Anyone instructing a barrister must not discriminate against, harass or victimise them. A duty to make reasonable adjustments applies (s47).
Applicants for pupillage or tenancy
A barrister must not discriminate against or victimise a person (s47(1) and (4)):
- in the arrangements they make for deciding to whom to offer a pupillage or tenancy;
- as to the terms on which they offer it;
- by not offering it.
A barrister must not harass a person who has applied for a pupillage or tenancy (s47(3)).
Pupils and tenants
A barrister must not discriminate against or victimise a pupil or tenant (s47(2) and (5)):
- as to the terms on which they are a pupil or tenant;
- in the way they afford access, or by not affording access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service;
- by terminating the pupillage;
- by subjecting them to pressure to leave chambers;
- by subjecting them to any other detriment.
"Tenant" includes a barrister who is permitted to work in chambers, including as a squatter or door tenant (s47(9)).
Clerks and instructing
These duties apply to a barrister's clerk as they apply to a barrister, and that includes anyone who carries out the functions of a barrister's clerk (s47(8)). Separately, a person must not, in relation to instructing a barrister, discriminate against the barrister by subjecting them to a detriment, harass them or victimise them (s47(6)).
Advocates in Scotland
Section 48 applies the same pattern to advocates, meaning practising members of the Faculty of Advocates: the arrangements for deciding who to take as a devil or offer membership of a stable, the terms, access to training and experience, ending a devilling relationship, pressure to leave the stable and other detriment. It also covers advocates' clerks and instructing an advocate, and applies a reasonable adjustments duty (s48).
Where AI tools come in
- Pupillage sifting: a tool that scores or filters pupillage applications is part of the arrangements for deciding to whom to offer a pupillage.
- Work allocation: clerks' room software that suggests which pupil or tenant gets which brief, hearing or client affects access to opportunities for gaining experience, and the clerk's duties do not stop applying because a suggestion came from software.
- Fee and performance dashboards: where figures from software are used to put pressure on a tenant to leave chambers, that pressure is itself listed in section 47.
- Instructing: a solicitor's or client's tool that recommends or filters barristers to instruct can be part of conduct "in relation to instructing a barrister".
The tests for direct and indirect discrimination are explained on AI and the Equality Act; for disability, see AI and disabled workers.
Practical steps
- Chambers and clerks: record which tools are used in pupillage recruitment and work allocation, check outcomes, keep a person able to explain and change each decision, and publish how to ask for adjustments.
- Applicants, pupils and tenants: ask whether software was used to sift applications or allocate work, ask for adjustments early, and keep records of allocations and any pressure to leave.
For partners in firms and LLP members, see partners and LLP members. This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
Does the Equality Act protect pupils and tenants in chambers?
Yes. Section 47 protects applicants for pupillage or tenancy, pupils and tenants against discrimination, harassment and victimisation by barristers, and the same duties apply to barristers' clerks.
Who counts as a tenant?
Section 47(9) says a tenant includes a barrister who is permitted to work in chambers, including as a squatter or door tenant.
Are barristers protected against discrimination by those who instruct them?
Yes. Section 47(6) says a person must not, in relation to instructing a barrister, discriminate against the barrister by subjecting them to a detriment, harass them or victimise them.
What about advocates in Scotland?
Section 48 applies similar duties to practising members of the Faculty of Advocates in relation to devils and stables, and to their clerks.