Chambers have been urged to ensure work is distributed fairly after data published by the Bar Council revealed that women barristers earn on average 34% less than men.

Last year, the Bar Council published analysis of average earnings over the past 20 years that showed men's income was increasing faster than women's income in most practice areas and the gender pay gap was widening. Latest analysis has found that men's earnings across all practice areas have dropped while women's earnings have risen. However, at 34%, the gap remains significant.

Markfenhalls

Fenhalls: A long way to go

Source: Jonathan Goldberg

By 2020 women were earning 33% less than men in immmigration - they are now earning 38% less. Women are earning 39% less than men in chancery (contentious) work and 53% less than men in personal injury - both practice areas increasing by one percentage point over 12 months.

Women have always out-earned men in family (children) work, but the gap has slowly been closing and now stands at 3%. By contrast, men out-earn women by 43% in other family work.

The gap is closing in other areas but still remains wide. For instance, women were earning 57% less than men in commercial and financial services in 2020 - they are now earning 51% less. In crime, women were earning 38% less than men - they now earn 35% less.

The gap has significantly closed in employment - from 16% to 6%. Women out-earn men by 36% in defamation work.

Bar Council chair Mark Fenhalls KC said: ‘This year’s data analysis shows there remains a long way to go to close the earnings gap, particularly in the higher-earning practice areas. Through the Bar Council’s Modernising the Bar programme, we are focused on evidence-based and practical actions to tackle inequalities at the bar.'

The report states that the Bar Council is right to keep focusing on work distribution.

Fenhalls said: ‘Chambers can make a significant difference through ensuring fair distribution of work, including briefing practices, marketing opportunities, and support for new barristers and those returning to the bar. We can’t just wait for change. It’s up to all of us to recognise inequalities and take steps to tackle them.’

The findings are based on data shared by the Bar Mutual Indemnity Fund. The report points out that the data does not reflect seniority or working patterns so cannot be interpreted as showing that women and men in comparable situations are necessarily being paid differently. Despite women making up over half of new barristers, there are 'many more' senior men.

 

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