Courts in England are reportedly considering eliminating the requirement for barristers to wear traditional wigs due to claims these wigs discriminate against lawyers with “Afro-Caribbean hair.”
The traditional dress code in English courtrooms may soon be revised, as there are calls to end the requirement for barristers to don wigs in court, deeming them “culturally insensitive,” according to The Telegraph.
The wearing of wigs, a practice dating back to at least 1685, came under scrutiny following a 2022 incident involving Michael Etienne, a black barrister with a large afro. Etienne claimed he faced potential contempt of court charges if he refused to wear a wig, describing the mandate as a form of “hair discrimination.”
While wigs are still mandatory in the crown court, the Court of Appeal, and the High Court, the requirement was abolished in 2007 for family, civil, and Supreme Court cases.
Arguing for the complete abolition of the tradition, mixed-race barrister Rachel Bale stated that wigs are “not fit for purpose” for individuals with certain black hairstyles.
“Something overlooked often in black culture is that your hair is so inexplicably important and it is completely interwoven with your identity,” she asserted.
Prominent barrister Leslie Thomas KC, also of African descent, has called the wigs a “ridiculous costume” and critiqued them as reflecting the “culturally insensitive climate” of the British judicial system.
“The wigs certainly should go. There isn’t any place in a modern society for barristers to be wearing 17th-century fashion,” Thomas commented this week, suggesting that other “archaic” dress code elements, such as bands, collarettes, and wing collars, should also be eliminated.
A spokesperson for the Bar Council said: “Following questions from barristers about wigs and hair discrimination, the Bar Council set up a working group to consider court dress in the context of all protected characteristics.
“The findings of the working group are currently being discussed with the judiciary as part of our regular dialogue on equality and diversity matters.”
