Equality, Wellbeing and Risk in Legal Practice: A Guide for Firms

A practical guide to the SRA's equality, diversity and wellbeing expectations for law firms, and why poor workplace culture is increasingly treated as a regulatory risk factor.

Learnsignal Education Team
9 min read
Updated

Equality, diversity and inclusion (EDI) and staff wellbeing are sometimes treated by law firms as "people" issues, sitting apart from compliance and risk management. The Solicitors Regulation Authority (SRA) does not see it that way. Its Standards and Regulations, its data collection requirements, and its published research all point to the same conclusion: how a firm treats its own people is a regulatory matter, not just an HR one. This guide sets out what the SRA expects on equality and workplace culture, why poor wellbeing is now recognised as a driver of conduct risk, and what practical steps firms can take to reduce exposure while genuinely improving working life for staff.

What the SRA expects on equality, diversity and inclusion

The SRA's approach to EDI operates on two levels: the standards firms and individuals must meet, and the data the SRA collects to check the profession is living up to them.

At the standards level, the SRA Principles include a specific, standalone obligation to act in a way that encourages equality, diversity and inclusion. This sits alongside the Code of Conduct for Firms, which requires firms to treat colleagues fairly and with respect, and not to abuse a position of authority or take advantage of the trust colleagues place in the firm. Unlawful discrimination, harassment, bullying and victimisation are all treated as conduct that can engage the SRA's regulatory powers, whether the person affected is a client, a colleague or a job applicant. Firms are expected to have policies in place that prevent and address this behaviour, and to be able to show the SRA those policies work in practice, not just on paper.

At the data level, the SRA runs a periodic diversity data collection exercise, requiring regulated firms to gather information from their workforce on protected and other characteristics, and to publish a summary of the results. The stated purpose is transparency: helping firms, clients and the public see how representative the profession is, and helping the SRA and bodies such as the Law Society track progress (or the lack of it) over time. Firms should treat this exercise as more than a compliance box to tick. The data a firm collects about its own workforce is often the clearest early warning it has of where representation, retention or promotion problems are developing — well before those problems show up as a complaint or a regulatory referral.

Because the detail of data collection cycles, thresholds and published findings changes over time, firms should check the current position directly on the SRA's website (sra.org.uk) and the Law Society's research pages (lawsociety.org.uk) rather than relying on figures that may have moved on. What does not change is the underlying expectation: EDI is a live, ongoing obligation, not a one-off exercise completed when a firm first registers with the SRA.

Why wellbeing has become a regulatory risk issue

The link between equality and wellbeing on one side, and regulatory risk on the other, is not incidental. The SRA has been explicit that workplace culture — how people are managed, how much they are expected to carry, and whether they feel safe raising concerns — is a contributing factor in the conduct failures it sees. Excessive workload, poor supervision and a culture where junior staff feel unable to speak up have all been identified, through the SRA's own thematic work and enforcement casework, as circumstances in which mistakes, cut corners and, in the most serious cases, dishonesty are more likely to occur.

This matters because it reframes wellbeing from a "nice to have" into something firms should be actively managing as part of their risk and compliance framework, in the same way they manage undertakings, client money or conflicts. A solicitor who is exhausted, isolated or afraid to admit they have fallen behind is a solicitor more likely to miss a deadline, misstate a position to a client, or delay escalating a problem until it has become much harder to fix. None of that excuses individual misconduct — the SRA is clear that personal accountability remains — but it does mean firms that ignore workload and culture are, in effect, tolerating conditions that make conduct breaches more likely.

How equality and wellbeing connect to the SRA Principles

Two Principles in particular tie this together for firm leaders and compliance officers.

  • Principle 2 — public trust and confidence. A firm's reputation is not built only on client-facing conduct. Discrimination complaints, high staff turnover linked to burnout, or a visible failure to address bullying can all damage public and professional confidence in the firm and, by extension, in the profession. Regulators increasingly treat "how a firm behaves towards its own people" as evidence of how it is likely to behave more generally.
  • Principle 5 — integrity. Integrity is not only about honesty with clients and the court. A firm that says it values wellbeing and inclusion in its marketing and recruitment materials, but tolerates unsustainable workloads or dismisses concerns raised by junior staff, creates a gap between stated values and lived experience. That gap is itself a risk indicator — and often the first thing an SRA investigator or an employment tribunal will probe if something goes wrong.

Read together with the Code of Conduct for Firms' requirement to treat colleagues fairly, these Principles mean that equality and wellbeing are not adjacent to a firm's regulatory obligations — they are part of them.

Practical steps firms can take

Turning these obligations into practice does not require a wholesale culture overhaul overnight. It requires firms to be deliberate about a small number of areas that the evidence consistently points to.

1. Manage workload realistically

Chargeable hours targets and billing pressure are a fact of practice life, but firms should be able to show they monitor workload at an individual level, not just a departmental one. Regular, honest conversations about capacity — not just at appraisal time — allow problems to be caught before a fee earner is quietly drowning. Where targets are consistently unachievable without excessive hours, that is a structural problem for the firm to solve, not an individual failing to absorb.

2. Build psychological safety

People raise problems early when they trust that doing so will not be held against them. Supervisors and partners set the tone here: how a mistake or a missed deadline is handled the first time it is raised determines whether the next one is raised early or hidden until it has grown into something much worse.

3. Create a genuine speak-up culture

A whistleblowing policy that exists only in the staff handbook is not the same as a culture where people actually use it. Firms should make clear, through visible action rather than just policy wording, that concerns about workload, conduct or client matters will be listened to and acted on — including concerns raised about senior colleagues.

4. Provide real mental health support

An employee assistance programme is a useful backstop, but it works best alongside line managers and supervisors who are trained to notice signs of strain and to respond supportively rather than punitively. Firms should also be alert to how equality and wellbeing interact: staff from under-represented groups may face additional pressures — including a reluctance to raise concerns for fear of standing out — that generic wellbeing initiatives do not always reach.

5. Strengthen supervision quality

Supervision is often treated as a technical file-review exercise. It should also be a wellbeing check. A supervisor who reviews a junior colleague's files regularly and asks how they are coping is far more likely to catch both a compliance problem and a wellbeing problem before either becomes serious.

These steps sit alongside the firm's wider approach to client care and business development — a firm that treats its own people well is generally better placed to build the kind of durable client relationships covered in our guide to business development and client relationships for law firms.

Making this part of ongoing compliance and CPD

Equality and wellbeing obligations are not static — the SRA's expectations, its data collection requirements and its published findings evolve, and firms need to keep their policies, training and supervision arrangements current. Building this into a firm's regular CPD planning, rather than treating it as a one-off training session, helps ensure that partners, supervisors and compliance officers stay up to date with what the SRA expects and can demonstrate that understanding if it is ever tested. Learnsignal's CPD courses for legal professionals cover regulatory compliance, risk and professional conduct topics that support this ongoing obligation.

Frequently asked questions

Is EDI data collection mandatory for all law firms?

The SRA runs periodic diversity data collection exercises for regulated firms, and the specific requirements — including which firms must participate and how results are published — are set out on the SRA's website. Firms should check the current guidance on sra.org.uk directly, since data collection cycles and requirements are reviewed and updated over time.

Can poor workplace culture really lead to an SRA investigation?

Workplace culture itself is not usually the direct subject of an SRA investigation, but the SRA has been clear that excessive workload, weak supervision and a poor speak-up culture are conditions in which conduct breaches — from missed deadlines to dishonesty — become more likely. Where a firm's culture is found to have contributed to a breach, that context can be relevant to how the SRA and disciplinary tribunals assess the firm's and individuals' conduct.

Which SRA Principles are most relevant to equality and wellbeing?

Principle 2 (upholding public trust and confidence) and Principle 5 (acting with integrity) are both engaged when a firm's treatment of its own staff falls short, alongside the standalone Principle requiring firms to encourage equality, diversity and inclusion, and the Code of Conduct for Firms' requirement to treat colleagues fairly and with respect.

Who is responsible for wellbeing and EDI compliance within a firm?

Ultimate responsibility sits with the firm's managers and compliance officers (COLPs and COFAs), but in practice it depends on supervisors and partners applying these standards day to day — in how they allocate work, respond to concerns, and model the behaviour they expect from others.

Equality and wellbeing are no longer separate from a firm's regulatory risk profile — they sit at the centre of it. Firms that treat fair treatment of colleagues, realistic workload management and a genuine speak-up culture as core compliance activities, not optional extras, are better placed to meet the SRA's expectations and to protect both their people and their practising certificates. Explore Learnsignal's CPD courses to help your team keep pace with the standards regulators expect.

This page was last updated:

Learnsignal Education Team

Expert Tutor at Learnsignal

Qualified professional with years of experience in teaching and helping students achieve their accounting qualifications.

View all posts by Learnsignal Education Team

Subscribe to Our Newsletter

Join over 30,000+ Learnsignal students and get regular insights delivered to your inbox.

Ready to Start Your Legal CPD Journey?

Join thousands of successful students who have achieved their qualifications with Learnsignal.

Ready to get started?

Join 100,000+ students across 130 countries. Choose a plan that fits your goals — cancel anytime.

View plans