Courts in the United Kingdom are currently contemplating whether or not to eliminate mandatory wigs for barristers due to concerns about the dress code requirement being culturally insensitive. The Bar Council, which represents barristers in England and Wales, has set up a working group to consider court dress in light of all protected characteristics, following questions and complaints from barristers, especially Black barristers, about the discrimination faced by Afro-Caribbean hair due to the traditional headpieces. While no permanent decision has been made, judges are currently reviewing proposals made by the Bar Council, and a decision is expected in the fall.
In 2022, Black barrister Michael Etienne, who has an afro hairstyle, argued that compulsory wigs are a form of hair discrimination and racism, which sparked public debate after he was told to wear the headpiece or face disciplinary action. Wigs, traditionally made of horsehair, are not mandatory in all courtrooms and have not been required in family, civil, or Supreme Court cases since 2007. Leslie Thomas KC, another Black legal professional, considers the required wigs to be a “ridiculous costume” representing a culturally insensitive environment at the Bar. He suggests that the judiciary should also eliminate other archaic court dress items such as wing collars, bands, and collarettes to bring the profession into the 21st century.
Rachel Bale, a mixed-race barrister with curly afro hair, points out the existing religious exemptions for Sikhs and Muslims who wear religious head coverings and suggests that barristers should be allowed to opt out of wearing wigs for cultural reasons. She argues that wigs are often not suitable for Black hairstyles and that hair is a critical part of identity in Black culture. Bale advocates for a dress code that only requires barristers to wear a black gown with smart business wear underneath, which she believes would be more appropriate for modern society.
Senior judges are currently in discussions with the Bar Council regarding the findings of their working group on court dress, as part of joint efforts on diversity and inclusion in the legal profession. The working group is considering all protected characteristics in the context of court dress, aiming to address concerns raised by barristers about the wigs and discriminatory practices. While the decision on eliminating mandatory wigs for barristers has not yet been finalized, judges are actively reviewing proposals and are expected to make a decision in the coming months.
The debate around mandatory wigs for barristers highlights broader issues of diversity, inclusion, and cultural sensitivity within the legal profession in the United Kingdom. The ongoing discussions between the judiciary and the Bar Council reflect a commitment to addressing concerns raised by barristers about discriminatory practices related to court dress. The outcome of these deliberations will likely impact the future of court attire and reflect the evolving standards of professionalism and cultural awareness in the legal profession.
