A UK court is considering whether to scrap the requirement to wear wigs for barristers over concerns that the dress code requirement is “culturally insensitive”.
A spokesperson for the Bar Council, which represents barristers in England and Wales, said: “Following questions from barristers about wigs and hair discrimination, the Bar Council has made decisions about court attire that take into account all protected characteristics. “We have set up a working group to look into this,” he said. Statement to the Telegraph. “The working group’s findings are currently being discussed with the judiciary as part of a regular dialogue on equality and diversity issues.”
Several black barristers complained that traditional headpieces discriminated against Afro-Caribbean hair. No permanent changes have been decided, but judges are considering the Bar Council’s proposals and a decision is expected as early as this autumn, the Telegraph reported.
A spokesperson for the judiciary told the paper: “Senior judges are actively discussing the findings of the working group on court dress with the Bar Council.” “We welcome these discussions as part of our ongoing collaboration on diversity and inclusion in the legal profession.”
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On 2 October 2023, legal professionals in ceremonial costume leave Westminster Abbey after the traditional annual service to mark the start of the new legal year. (Andrew Aitchison/Photo via Getty Images)
Michael Etienne, a black Afro-haired barrister, was ordered to wear a headgear or face disciplinary action in 2022, branding the wig requirement as hair discrimination, a form of racial discrimination. This sparked a public debate. Wigs are traditionally made from horsehair, but are not required by all courts. Since 2007, it has not been mandatory in family cases, civil cases, and Supreme Court cases.
Lesley Thomas KC, a black legal expert in London, told the Telegraph she believed the mandatory wig was a “ridiculous costume” that represented the court’s “culturally insensitive climate”.
On 2 October 2023, judges and members of the King’s Counsel in ceremonial attire depart from Westminster Abbey to mark the start of the new legal year. (Andrew Aitchison/Photo via Getty Images)
“The wig should certainly be abolished. There is no place in modern society for a barrister to wear 17th century fashion,” Thomas told the paper, adding that the judiciary should also consider such “old-fashioned” court attire. suggested that it be abolished. As a wing collar, band, or collarette.
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He said a dress code that would only require barristers to wear a black gown and smart business attire underneath would “bring the profession into the 21st century”.
The start of the legal year in England and Wales will begin on 2 October 2023 with a religious ceremony held inside Westminster Abbey. (Andrew Aitchison/Photo via Getty Images)
Rachel Bayle, a mixed-race barrister with curly Afro hair, points out that there are already religious exemptions in place for Sikhs who wear turbans and Muslims who wear headscarves, and barristers should be aware that cultural He suggested to the Telegraph that people should be able to opt out for any reason. She argued that wigs are often “not fit for purpose” for natural black hairstyles.
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“What is often overlooked in black culture is that hair is inexplicably important and that it is completely intertwined with your identity,” she told the newspaper.
