Equality and Diversity Policy

1. Our Commitment

Mills & Co as a firm, are committed to ensuring equality of opportunity and fairness in our treatment of all employees, partners, consultants, clients and contacts of the firm. We are committed to recruiting, training and promoting the best person for the job and encouraging their full potential, regardless of age, sex, marital status, race, nationality, disability, religious or other beliefs, or sexual orientation (or any other ground detailed at 4 (a) below).

2. Joint Responsibility

All partners, employees and consultants of the firm are required to comply with this policy in dealing with colleagues, clients, barristers, other solicitors, potential employees and anyone else with whom we come into contact during our work, whether on our premises or elsewhere, including work related social events and travelling on business.

It is everyone’s responsibility to ensure this policy is implemented. Any breach of the policy will be treated as a disciplinary offence resulting, if appropriate, in disciplinary action.

3. Clients and Third Parties

Equally, clients, barristers, outside solicitors and others who have dealings with the firm and those who work for it, are required to comply with this policy. Any failure to do so will lead to the firm taking appropriate action.

4. Forms of discrimination

The following are the kinds of discrimination which are against the firm’s policy:

(a) Direct Discrimination, where a person is treated less favourably on the grounds of age, sex, marital status, pregnancy, maternity, paternity, sexual orientation (including civil partnership status), gender reassignment, race or racial group (including colour, nationality and ethnic or national origins), religion or belief, or disability (the “Discriminatory Grounds”), or on the basis of the Discriminatory Grounds of someone associated with them.

(b) Indirect Discrimination, where a provision, criterion or practice has the effect of placing at a disadvantage a particular person, or group, by reason of the Discriminatory Grounds, and it cannot be legally justified as a proportionate means of achieving a legitimate aim.

(c) Victimisation occurs where a person is treated less favourably where they act in good faith and: assert a right not to be discriminated against; or assist another person to assert such a right, or give evidence in support of such a right.

(d) Harassment is where unwanted conduct has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment, by way of threatening, abusive or insulting behaviour, words or actions. This may involve physical acts, verbal or non-verbal communications and gestures. It can be a series of minor acts, or a one-off act if sufficiently severe.

(e) Less favourable treatment is where a person with a disability is treated in a detrimental way, compared to the way in which a person without that disability would have been treated.

5. Consequences of discrimination, victimisation and harassment.

Any behaviour involving discrimination, victimisation or harassment of another person will not be tolerated. Such behaviour may amount to gross misconduct. Disciplinary action (including dismissal for serious offences) will be taken against any person at the firm breaching this policy, in accordance with the firm’s disciplinary procedure.

Equally, harassment of or discrimination against staff by clients or other third parties will not be tolerated. If staff suffer or witness any such harassment or discrimination, they should ensure this is reported promptly to a partner with details of the nature and timing of the incident, so that any appropriate action can be taken. Where the problem is not resolved and it is necessary to do so, the complaints procedure at paragraph 9 should be followed.

6. Recruitment and Selection

All applications to Mills & Co are welcomed and are considered for selection on the relative merits of the applicant against the job specification for that position, regardless of age, sex, marital status, race, nationality, disability, religion or belief, sexual orientation.

Job specifications will only include those criteria which are objectively required for the duties and responsibilities of the vacancy and which it is lawful to require.

Opportunities for learning and development are available to everyone based on their role and the needs of the job. Promotion is based on merit and the reasonable requirements of the job.

Barristers and other sub-contractors are instructed on the basis of their skills, experience, ability and cost and not on Discriminatory Grounds. We will work closely with clients in agreeing the instruction of an appropriate barrister or other sub-contractor on any matter.

7. Terms and Conditions of Employment

We ensure that our terms and conditions of employment are free from all forms of discrimination and our grievance and disciplinary procedures operate without discrimination.

8. Disability

We will take steps to ensure that a person with a disability is not put at any substantial disadvantage in working at, or as a client in dealing with, Mills & Co, in comparison with others without that disability, and to ensure that a person with a disability is not prevented from taking up a position with Mills & Co, for which they are suitably qualified and are the best person for the job, where we can reasonably do so.

Please inform us if there is anything you want us to know and feel we ought to be aware of, which might make it more difficult for you to work at Mills& Co, or to access our services.

9. Complaints Procedure

All employees, partners, consultants, clients and third parties dealing with the firm, must comply with this policy. The firm will treat seriously, and will take action where appropriate concerning, complaints of discrimination, victimisation or harassment on any of the Discriminatory Grounds made by employees, partners, consultants, clients, barristers, other solicitors, or other third parties. Any incidents or alleged incidents of a discriminatory nature, should be reported to one of the partners. It is the duty of all partners to ensure implementation and compliance with this policy.

For any person who is not an employee, partner or consultant, all complaints made by you or concerning you, will be investigated in accordance with the firm’s complaints procedure. You will be informed of the outcome of any complaints made.

Any employee, partner or consultant who believes they are the victim of discrimination, victimisation or harassment should where possible first raise this with the person against whom they have the complaint and attempt to resolve the matter without recourse to any formal procedure.

You are encouraged to use the complaints procedure which is part of this policy.

(i) Making a complaint - If you feel you have experienced or are experiencing any form of discrimination, harassment or bullying, please consider in the first instance whether it is appropriate to raise the matter directly with the person concerned. If it is not appropriate, or you feel unable to do so, or where you have done so and it has not succeeded in resolving the issue, please discuss the matter with a partner.

(ii) Course of Action - Following initial discussions with a partner you will be asked to choose one of the following options: • no further action necessary • discuss the complaint directly with the individual who is alleged to have caused the offence • ask a partner to help you resolve the matter through informal approaches • make a formal written complaint to a partner, (this will initiate an investigation and, if appropriate, recourse to the disciplinary procedure).

(iii) Investigation - Once a formal written complaint has been made the first step is to investigate the allegations as carefully and discreetly as possible. This will involve hearing accounts from both parties: others may also be asked to provide information. Documents, emails and other evidence may be considered. A record of the progress and outcome of the investigation and any steps taken will be reported to the complainant. Those conducting the investigation will not be parties directly involved in the allegation. In extreme cases (for example where it is felt that others could be at risk if no action is taken), we may need to investigate and take disciplinary action even if a formal written complaint has not been made.

(iv) Disciplinary procedure - If the investigation concludes that there appears to be substance to the complaint, it will normally be appropriate in the case of an employee, partner or consultant for the disciplinary procedure to be started (as per the firm’s separate Dismissal and Disciplinary Procedure). In the case of a client or third party, where there is found to be substance to a complaint, appropriate action will be taken to protect the firm and its’ staff from discrimination or harassment. Normally the complainant would be asked to agree to the disciplinary action being started. However, there may be occasions where despite the views of the complainant, the matter needs to be formally pursued. The matter will be dealt with promptly, fairly and impartially. Care will be taken to ensure that the reputation of each party is not unjustly affected during the investigation. Any acts of retaliation or intimidation against the complainant will be treated as a disciplinary matter.

(v) If the complaint is not upheld - The individual bringing the complaint will be advised and an explanation and reason for the decision will be given.

No disciplinary action will be taken against any individual who makes a complaint which is not upheld unless it is found that the complaint was made maliciously.

10. Victimisation

It is victimisation for a partner, consultant or employee, to subject a person to a detriment because they have brought complaints or made allegations of discrimination or harassment, or given evidence in such proceedings, in good faith. Any person who victimises another will be subject to disciplinary action, if appropriate and following an investigation. Anyone who considers that they have been victimised should raise this with a partner without delay in accordance with the complaints procedure. Anyone who observes another being harassed or suffering discrimination, or victimisation, should talk to the individual to see if concerns arise, and if appropriate speak to a partner.

11. Monitoring

We will review regularly (at least annually) our equality and diversity policy and practices and its effectiveness, and whether any complaints have been received or action taken over the intervening period. Where appropriate, we will update the policy in the light of this and any new legislation.

12. Regulation and legislation

In implementing this Equality and Diversity Policy the firm will comply with the Solicitors’ Code of Conduct 2007 and with current and any future anti-discrimination legislation and associated codes of practice and any relevant amendments or re-enactments of such legislation and any relevant amendment to such codes or further codes of practice, including but not limited to:

a. The Equal Pay Act 1970
b. The Sex Discrimination Act 1975
c. The Race Relations Act 1976
d. The Sex Discrimination Act 1986
e. The Disability Discrimination Act 1995
f. The Employment Rights Act 1996
g. The Employment Equality (Sexual Orientation) Regulations 2003
h. The Employment Equality (Religion or Belief) Regulations 2003
i. The Employment Equality (Sex Discrimination ) Regulations 2005
j. The Employment Equality (Age) Regulations 2006
k. The Equality Act 2006
l. The Equality Act 2010