A diversity scheme at the Bar is heading into a legal fight over where positive action ends and unlawful discrimination begins.
The Bar Council is facing an Equality Act claim linked to its support for the 10,000 Black Interns programme. The claimant, Sophie Corcoran, says she was shut out of a legal internship opportunity because she is white. The Bar Council says it denies the allegations and will contest the claim. The 2026 internship programme is still due to go ahead.
The Bar has long struggled with access, class, race and money. Paid internships aimed at underrepresented groups are intended to widen routes into a profession where informal networks still do too much quiet work.
Positive action can be lawful where it is aimed at addressing disadvantage, meeting different needs or encouraging participation by groups with low representation. Positive discrimination, in the ordinary shorthand, is selecting someone because of a protected characteristic in a way the statute does not permit.
The tribunal will not decide whether diversity is desirable objectively instead it will examine the scheme, its evidence base, its design and how the rules applied to this Miss Corcoran.
A judgment against the Bar Council could make programme criteria more cautious. A judgment in its favour may give institutions more confidence in the implementation of schemes with good intentions concerning sensitive topics.
Good intentions are not a substitute for statutory compliance, as many HR departments have learned without joy!
Author: TOF
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