Introduction

  1. This Policy is intended to set out how Three Stone Chambers (“Chambers”) will deal with a period of sickness leave (defined below) by either a member or a pupil. Employees should refer to their contracts and any staff policies for the different provisions that apply to them, rather than this Policy.
  2. This Policy should be read in conjunction with Chambers’ Constitution and the definitions therein contained as well as Chambers’ other Policies, including but not limited to, the Reasonable Adjustment Policy and the Flexible Working Policy.
  3. In this Policy the following definitions apply:
    a. “Initial Period of Absence” means temporary cessation of practice as a barrister by reason of either ill-health or disability which in either case prevents that barrister from working for a period of up to 20 consecutive working days.
    b. “sickness leave” means temporary cessation of practice as a barrister by reason of either ill-health or disability which in either case prevents that barrister from working for a period of more than 20 consecutive working days , provided that this Policy does not apply to absences falling within the definition of “Parental Leave” as defined in Chambers’ Members’ and Pupils’ Parental Leave Policy;
    c. “disability” has the meaning given to it by the Equality Act 2010 (as amended);
    d. “working days” being weekdays excluding bank or public holidays;
    e. “barrister” means a barrister member of Chambers and or pupil, save where otherwise defined;
    f. “Pupillage Suspension” means where Chambers in its reasonable discretion and acting fairly and reasonably opts to suspend pupillage at the end of the Initial Period of Absence or from such alternative date that it shall reasonably consider appropriate until the pupil is, in the opinion of a suitably qualified medical professional, whose opinion the pupil shall obtain, in a position to resume the normal requirements of pupillage.
  4. This Policy is subject to the Management Committee’s discretion in relation to Chambers’ expenses as set out in paragraph 13 of Appendix II.
  5. This Policy shall be made available on Chambers’ website.
  6. Upon the Senior Clerk becoming aware that a barrister is suffering from ill health or disability, it shall be the responsibility of the Senior Clerk to remind the barrister of their entitlement under this Policy.

Medical evidence

  1. For the purposes of this Policy any member or pupil to whom it applies will (at their expense) provide to the Management Committee any medical evidence it may from time to time reasonably request. Any such request shall be made in writing. That evidence may contain details of the relevant medical condition, treatment, prognosis, the effect that it has upon the ability of the relevant barrister or pupil to practice and any suggested reasonable adjustments which can be considered in accordance with Chambers’ Reasonable Adjustment Policy.

Members’ sickness leave

  1. Any barrister who is suffering from ill-heath or a disability which they believe is likely to be long-term should notify Chambers via the Senior Clerk as soon as reasonably practicable of that fact.
  2. A barrister who suffers from either ill-health or a disability which, in either case, affects their ability to work for more than 20 consecutive working days:a. shall, with the consent of the Head of Chambers or their deputy in consultation with the Management Committee, be entitled to take a period of sickness leave; or
    b. in accordance with Chambers’ Flexible Working Policy, may request to alter their pattern of work (for example by working flexible hours or part-time or remotely) so as to enable them to manage their ill-health or disability. In accordance with Chambers’ Flexible Working Policy, any barrister seeking to work flexibly is encouraged to discuss the practicalities of their proposals at the earliest possible opportunity with the Senior Clerk.
    c. in accordance with Chambers’ Reasonable Adjustment Policy, may make a request for a reasonable adjustment.
  3. A barrister’s tenancy will remain open to them for a period of up to 12 months while they are on sickness leave.
  4. If, at the end of a 12-month period of sickness leave a barrister does not return to practice, the barrister’s tenancy may be determined at the discretion of the Head of Chambers or their deputy in consultation with the Management Committee.
  5. Any barrister who is on sickness leave should notify Chambers via the Senior Clerk as soon as reasonably practicable of the date on which they are likely to return to work and any subsequent changes to those dates.
  6. A barrister suffering from a disability (other than a pupil barrister) may seek an extension to the normal period of leave. Such a request should be addressed to the Head of Chambers in writing and will be determined by the Head of Chambers or their deputy in consultation with the Management Committee and the Equality and Diversity Officers.

    Members’ rebate during sickness leave

  7. During sickness leave, a member of Chambers shall be entitled to a period of up to six months free of any payments in respect of contributions to Chambers under the Constitution providing that the barrister has notified Chambers via the Senior Clerk of their intention to take sickness leave and to claim the associated rebate prior to the start of that period of sickness leave and has complied with any reasonable written request for medical evidence set out at paragraph 5 above. In the case of unforeseeable absence:a. such notification shall be as soon as is reasonably practicable after it becomes clear that they will need to take a period of sickness leave (i.e. beyond an Initial Period of Absence); and
    b. at the request of, and at the discretion of the Head of Chambers or their deputy in consultation with the Management Committee (after consulting with the EDOs), the associated rebate may commence prior to the date of notification.
  8. A member of Chambers taking a period of sickness leave is also entitled to a credit to be set against their expense’s contributions under the Constitution. Such credit, subject to a pro rata reduction if the sickness leave is less than 6 months, shall be whichever is the lesser of:
    a. 6 times the monthly average of that member’s expenses contributions taken over the period of twenty-four months immediately preceding the commencement date of the period of sickness leave (or over the period of that person’s membership of Chambers where that is less than twenty four months); or
    b. £7,500.
  1. If the barrister is on sickness leave for part of a month, their Chambers’ account will be credited with a percentage of £7,500 equivalent to the number of working days’ absence as a percentage of the total number of working days in that month.
  2. For the avoidance of doubt the rebate operates as a credit against sums due only and under no circumstances is a payment to be made to a barrister.
  3. Informal working arrangements during a period of sickness leave do not affect a member’s entitlement to the above rebates, provided that the Head of Chambers or their deputy and Management Committee are kept informed of the arrangements by the member of Chambers and is satisfied that the level of work being undertaken does not constitute a return to practice.
  1. A barrister suffering from ill-health or a disability who returns to practise on a part-time basis within 6 months of the commencement of sickness leave shall (where the reason for the part-time working pattern is the ill-health or disability which in either case necessitated the sickness leave) be entitled to a pro rata credit against Room Charges under paragraph 5 or flat rate payments under paragraph 5A of Appendix I to the Protocol to the Constitution for up to 6 months from the commencement of the sickness leave. The credit shall be a percentage of the room charges or the flat rate payments, such percentage to be based upon the number of days worked in each month as a proportion of the total working days in that month, provided that if the member works 3 days or less in any month those days shall be disregarded and a full rebate will be given.

During sickness leave

  1. During sickness leave, the barrister:
    a. should endeavour to maintain contact with Chambers;
    b. will be offered the opportunity to do appropriate work if this is requested;
    c. will be responsible for ensuring that they are covered by a current practising certificate and certificate of professional insurance in respect of any work done during a period of sickness leave;
    d. will be entitled, on request, to a meeting with the Senior Clerk to discuss the barrister’s plans and proposals for return to work and their clerking needs in the months thereafter.

Returning from sickness leave

  1. On their return from sickness leave, the barrister will be offered assistance with re-establishing their practice.
  2. For the 6 months following a period of sickness leave or for the duration of any period of part-time, home-based or flexible practice the Senior Clerk will be primarily responsible for managing the barrister’s diary in accordance with the basis upon which they return to work.

Pupils

  1. A first or second six pupil or probationary tenant shall be entitled to take sickness leave in accordance with the paragraphs below, providing that such absence from Chambers is not inconsistent with the requirements for the time being of the Bar Council or the Bar Standards Board.
  2. In the event a pupil suffers from ill-health or a disability which necessitates an Initial Period of Absence, the pupil should, as soon as reasonably practicable, notify their pupil supervisor.
  3. In the event, a pupil needs to take sickness leave, the pupil:
    a. should, as soon as reasonably practicable, notify their pupil supervisor of that fact;
    b. should, as soon as reasonably practicable, notify their pupil supervisor of the date on which they are likely to return to Chambers to undertake the normal requirements of pupillage and any subsequent changes to that date;
    c. may be asked to comply with a reasonable written request for medical evidence as set out in paragraph 7 above;
    d. may make a request for reasonable adjustments which will be considered in accordance with Chambers’ Reasonable Adjustments Policy.

Pupillage Suspension

  1. Where a pupil is on sickness leave Chambers may implement a Pupillage Suspension.
  2. In the event of Pupillage Suspension, Chambers will cease payment of any pupillage award or guaranteed earnings from the date on which Pupillage Suspension commences until the date on which the pupil resumes their pupillage save that Chambers may acting in its reasonable discretion make an ex gratia payment to the pupil, so long as any request for such payment shall be made to the Management Committee prior to the end of the Pupillage Suspension.
  3. For the avoidance of doubt, a pupil will continue to receive their pupillage award or guaranteed earnings during any Initial Period of Absence.
  4. In the case of a Pupillage Suspension, the pupillage will remain open (i.e. suspended) for a period of up to 12 months from the start of the Initial Absence Period, but this shall not be taken to extend the span of the pupillage itself which will remain for a fixed period of 6 or 12 months (as appropriate) in total.
  5. If, at the end of a 12-month period of sickness leave the pupil does not return to their pupillage, the pupillage may be determined at the discretion of the Head of Chambers or their deputy in consultation with the Management Committee.
  6. It shall be the responsibility of any pupil supervisor whose pupil is affected by this policy to assist them in relation to this policy.

Complaints or queries

  1. Complaints or queries about the implementation of this Policy should be addressed to the Management Committee.

 

July 2025