The gender pay gap begins as early as zero to three years post-qualification experience
The Bar Council in the UK has released new research revealing a significant gender earnings gap among self-employed barristers in the initial years of their careers.
The study, titled "New practitioner earnings differentials at the self-employed Bar," indicates that the disparity in earnings between men and women begins as early as zero to three years post qualification experience (PQE) and is not attributable to factors like caregiving responsibilities, choice of practice area, or the volume of legally aided work.
This report expands on findings from the Bar Council’s 2023 study, "Gross earnings by sex and practice area at the self-employed Bar," which demonstrated that across all levels of experience and practice areas, median gross earnings for men consistently surpassed those of women. The latest analysis specifically focuses on the cohort of self-employed barristers in 2022, showing that within the first three years of practice, women’s median earnings lag 13 percent behind men’s, with the gap varying significantly each year—from 5 percent at under one year PQE to 19 percent at two years PQE.
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The earnings disparity also differs across practice areas, ranging from 4 percent in family law to 17 percent in criminal law and personal injury/professional negligence.
To delve deeper into the causes behind this earnings gap, the Bar Council conducted in-depth interviews with various chambers. These discussions revealed several themes influencing barrister earnings, including the importance of systematic data analysis, regular practice reviews, fair allocation of work, and recognizing the impact of underbilling and unpaid labour. The interviews also highlighted a gendered pattern in identifying "stars at the Bar," who are often chosen for more lucrative and career-defining cases.
The Bar Council’s report recommends that barristers and chambers take proactive steps to manage practice development and address earnings disparities. Recommendations include analyzing earnings data, monitoring work allocation, and conducting regular practice reviews. The Bar Council provides tools such as an earnings monitoring toolkit and a practice review guide to aid these efforts.
Sam Townend KC, chair of the Bar Council, emphasized the structural nature of the gender earnings gap and the necessity for the Bar to reevaluate its discussions around money, billing, and work opportunities.
"The recommendations presented in the report are a starting point for discussion about how to consider redressing the balance, not so that everyone earns the same – which is neither possible nor desirable – but so that everyone is supported in developing the practice they want,” Townend stated. He urged that real solutions should emerge from local discussions at chambers, where evidence-based strategies could be tailored to support early-career barristers effectively.