Equality and Diversity Obligations

Legal Services > Equality and Diversity Obligations

Equality and diversity obligations require solicitors and law firms to promote inclusion and treat everyone fairly, both in the delivery of legal services and in the workplace. SQE1 tests this topic through the lens of the SRA Principles (specifically Principle 6), the SRA Code of Conduct, and the Equality Act 2010. A key trap is thinking these are soft, aspirational obligations—they are not. They are mandatory and breach can result in discipline.

What Are Equality and Diversity Obligations in SQE1?

Candidates often lose marks on SQE1 by treating equality obligations as purely aspirational — SRA Principle 6 creates enforceable duties, and failure to comply can result in regulatory action. Solicitors must act in a way that encourages equality, diversity, and inclusion (SRA Principle 6). This is not just a general aspiration—it is a mandatory Principle that applies to how solicitors interact with clients, colleagues, and third parties. These obligations are reinforced by the Equality Act 2010, which prohibits discrimination on the basis of protected characteristics, and by specific provisions in the SRA Code of Conduct for both solicitors and firms.

Understanding equality and diversity is critical because SRA Principle 6 can override client instructions, and reasonable adjustments for disabled clients are a practical, frequently tested duty. This topic also intersects with Duties to Clients and Client Care in the context of vulnerable clients.

Key Principles for SQE1

SRA Principle 6: Solicitors must act in a way that encourages equality, diversity and inclusion. This is one of the seven mandatory SRA Principles.
Paragraph 1.1 of the SRA Code of Conduct for Solicitors: You must not unfairly discriminate by allowing your personal views to affect your professional relationships or the way in which you provide your services.
The Equality Act 2010: Prohibits direct discrimination, indirect discrimination, harassment, and victimisation on the basis of nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
SRA Code of Conduct for Firms: Firms (paragraph 1.1) must not unfairly discriminate and must encourage equality, diversity, and inclusion. This is a firm-level obligation, not just an individual solicitor obligation.
Reasonable Adjustments: Under the Equality Act 2010, service providers (including law firms) must make reasonable adjustments for disabled clients and employees to avoid substantial disadvantage. This is a positive, anticipatory duty, not a reactive one.
Scope of Obligations: The obligations extend to recruitment, promotion, service delivery, and all professional interactions. Sole practitioners are not exempt.
Breach Consequences: Breach can result in SRA disciplinary action (under the SRA Principles and Code of Conduct) and/or civil liability (under the Equality Act 2010).

Exam tip

SRA Principle 6 overrides client instructions—if a client instructs you to discriminate, you must refuse. The Equality Act 2010 test for reasonable adjustments applies anticipatorily: you must consider alternatives before declining to act. Sole practitioners are not exempt from the duty to make reasonable adjustments. Pregnancy discrimination is direct sex discrimination with no justification defence.

How This Appears in SQE1 Questions

SQE1 questions on equality and diversity typically present a scenario involving discrimination or a failure to make reasonable adjustments. The trap is choosing an answer that tolerates discriminatory behaviour because it reflects the personal beliefs of a solicitor or a client's instructions. Under the SRA Principles, a solicitor cannot allow personal views to affect professional conduct, and must not follow client instructions to discriminate.

A client instructs their solicitor to refuse to negotiate with the opposing party's solicitor because of that solicitor's ethnicity. The solicitor is unsure how to respond.

This is a classic SQE1 trap.

Common Mistakes Students Make

Assuming that a client's instructions to discriminate must be followed because of the duty to act in the client's best interests—Principle 6 overrides discriminatory instructions.
Confusing direct discrimination (treating someone less favourably because of a protected characteristic) with indirect discrimination (applying a provision that disproportionately disadvantages a group).
Forgetting the duty to make reasonable adjustments for disabled clients and employees.
Treating equality and diversity as a soft obligation rather than a mandatory SRA Principle with disciplinary consequences.

Quick Summary

SRA Principle 6: solicitors must act in a way that encourages equality, diversity and inclusion; paragraph 1.1 SRA Code: must not unfairly discriminate.
Equality Act 2010: prohibits direct discrimination, indirect discrimination, harassment and victimisation on nine protected characteristics.
Reasonable adjustments: service providers (including law firms) must make reasonable adjustments for disabled clients and employees to avoid substantial disadvantage.
Solicitors cannot follow client instructions to discriminate; SRA Principle 6 overrides discriminatory instructions.
Sole practitioners are not exempt from equality and diversity obligations; all service providers must comply.
Pregnancy discrimination is direct sex discrimination with no justification defence under section 18, Equality Act 2010.

Want to test this now? Try a few SQE1-style questions below before moving on.

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Practise Equality and Diversity Obligations Questions for SQE1

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Equality and Diversity Obligations for SQE1