‘Flexible' pay options could be introduced to attract more lawyers to the bench as the lord chancellor confirmed that a major review will look at the extent to which pay is hindering judicial recruitment.

After asking the Senior Salaries Review Body (SSRB) last December to review the judicial structure, lord chancellor Shabana Mahmood published the terms of reference this week.

The SSRB will review the extent to which pay incentivises applicants, including the effectiveness of the London weighting allowance, and consider ‘flexible pay options’ to respond to temporary increases in demand. The SSRB has also been asked to recommend 'a range of flexible pay options' to address current recruitment issues and assess whether the evidence supports different pay between fee-paid and salaried office.

However, judges face a long wait for structural reform – the SSRB has been told to report back by November 2026.

The terms of reference document states that judicial pay is among the highest in the public sector. Judges received 7% and 6% increases over the last two pay rounds. Overall judicial remuneration for 2024/25 was £778m.

Lord Chancellor and Secretary of State for Justice Shabana Mahmood

Mahmood: 'Review is opportunity to examine fundamentals of judicial pay structure'

Source: Wiktor Szymanowicz/Shutterstock

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However, the Judicial Attitude Survey, conducted every two years, paints a different picture on pay – with judges saying their pay and pension fails to reflect the work they do. 

With newly-qualifieds in the City on salaries not far off the salary of a district judge, more experienced City solicitors would have to take a hefty pay cut to join the bench.

In a letter to Lea Paterson, chair of the Senior Salaries Review Body, Mahmood said: ‘The major review is an opportunity to examine the fundamentals of the judicial pay structure and, where pay is shown to be a factor, deliver targeted and future-proof recommendations to resolve issues affecting the judiciary and wider justice system. As you know, I share the SSRB’s concerns around judicial recruitment and the attractiveness of salaried office. This is why these areas are highlighted in the terms of reference.’

Any recommendations should 'consider our commitment to strengthening our world-class judiciary whilst also providing value for the taxpayer’, Mahmood added.