Barristers: Signs of improvement over race
The median earnings of White barristers are 54% higher than Black barristers and 32% higher than Asian barristers, according to new research by the Bar Council.
In another first, researchers analysed pupillage to tenancy conversion rates by ethnicity, finding that 67% of Black pupils obtained tenancy straight from pupillage, compared to 82% of White pupils, though the gap has narrowed.
In a follow-up to the 2021 Race at the Bar report, researchers studied responses from 109 chambers and 34 other organisations for Race at the Bar: Three Years On.
The original report said the evidence was clear that “barristers from ethnic minority communities and backgrounds, and especially women, face (i) systemic obstacles to building sustainable careers; and (ii) a more hostile and fatiguing working environment than White colleagues”.
The update said that “despite improvements when compared to 2021”, the latest data highlighted the “continued under-representation of Black barristers”, and “differences in access, earnings and progression” between Black and other ethnic minority barristers and White barristers.
At the same time, barristers reported that the spotlight on race “has prompted chambers and organisations to look at their policies and culture and take active steps to address inequalities and promote inclusivity”.
Access to data helped, “as objective Bar-wide information helps create consensus about the need for action”.
The proportion of barristers from ethnic minority backgrounds was “improving at a reasonable rate”, reaching 16.9% by the end of 2023, compared to 16.7% in the UK working age population.
In all areas of practice, and at all stages of career from young Bar to silk, Black and Asian barristers were earning less than White colleagues.
The median gross fee incomes for self-employed barristers, based on declarations at authorisation to practice for 2024/25, were £155,666 for White barristers, £112,866 for Asian barristers and £90,000 for Black barristers.
The income gap among employed barristers was much smaller, with White barristers earning a median income of £75,000, compared to £70,000 for Black barristers and £68,000 for Asian barristers.
Researchers said figures for earnings declared for the year 2021/22, relating to those for the calendar year 2020, may not “conform to the usual amounts” because of the pandemic, but suggested “there may have been some reduction in earnings disparities” since then.
When it came to pupils from ethnic minority backgrounds, researchers said the proportion had “stabilised” at over 22%, a similar figure to 2020.
All ethnic minority students at the Bar “appear to do well” when it came to tenancy, with around 93-94% of pupils obtaining it.
However, Black pupils were the least likely to get immediate tenancy, the most likely to go onto a probationary tenancy (previously known as a ‘third six’ pupillage) and the most likely to initially become a ‘squatter’.
Between 2015/16 and 2019/20, 52% of Black pupils got tenancy straight from pupillage, compared with 76% of White pupils.
For 2020/21 to 2023/24, the situation had improved to 67% of Black pupils and 82% of White pupils, with the gap between them falling.
“This is a matter of concern that may well be ameliorating but is something that needs to be kept under review,” the report said.
There are more ethnic minority silks, with the total number of Asian silks increasing by almost a third since 2021 to 102, and those of mixed ethnicities more than doubling to 53. However, the number of Black KCs remained low at 26, with only eight Black women silks.
Researchers recommended, in line with the Bar Council’s response to the Bar Standards Board consultation on the equality rules, that chambers and other organisations provide mandatory equality, diversity and inclusion training and specialist race training for all members and employees.
Other recommendations included monitoring work distribution and income by ethnicity and supporting equality and diversity officers to build inclusive cultures.
Two-thirds of White barristers said work was distributed fairly at their employer/chambers, compared with only 43% of those from ethnic minority backgrounds.
The report said: “We are now at a place where, while the data does not demonstrate transformative progress in the last three years, culturally the Bar is starting to feel like a different place, in some ways, to many who work there…
“Progress has been made, but we must not be complacent. There is still racism at the Bar. We see a pattern of inequality of outcome at all stages of recruitment and progression.
“Individuals from minority ethnic backgrounds are still experiencing, on average, a less lucrative career and a less positive working environment than their White colleagues, with the intersection of sex and race being particularly notable.
“Chambers and organisations sincere about embedding anti-racism as part of their operations must take a deeper look at cultures of racism and structural inequality that persist.”
Sam Townend, chair of the Bar Council, commented: “This progress report tells us that things are improving, but slowly.
“We all need to redouble our efforts, collect and understand the data, and take effective action that will have a meaningful impact on the culture of the Bar so that everyone has the opportunity and support to thrive.”
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