Barristers voting on all-out strike action from next month in row with government over pay

On Aug 21, 2022

Barristers are voting today on plans for an all-out strike next month in an ongoing row with the Government over pay and conditions after rejecting a 15 per cent pay rise.

Members of the Criminal Bar Association (CBA) have been walking out on alternate weeks since June, affecting more than 6,000 court hearings so far.

And members are now being balloted on an indefinite, uninterrupted strike that would start on September 5.

The ballot closes at midnight tonight, with the result expected tomorrow.

Criminal barristers are due to receive a 15 per cent fee rise from the end of September, meaning a typical barrister will earn £7,000 more per year.

But there has been anger that the proposed pay rise will not be made effective immediately and will only apply to new cases, not those already sitting in the backlog waiting to be dealt with by courts.

The CBA says the court backlog means new rates would only apply in effect from late 2023 or 2024.

They have called for a 25 per cent increase to legal aid fees to prevent a further exodus of barristers from the country’s justice system.

Barristers are voting today on plans for an all-out strike next month in an ongoing row with the Government over pay and conditions after rejecting a 15 per cent pay rise. Pictured: criminal defence barristers protesting outside the Houses of Parliament in July

According to Ministry of Justice (MoJ) figures, more than 6,000 court hearings have been disrupted a result of the dispute over conditions and Government-set fees for legal aid advocacy work.

Data released under Freedom of Information laws show that during the first 19 days of industrial action – between June 27 and August 5 – there were 6,235 court cases disrupted, including 1,415 trials, across England and Wales.

How much are barristers paid?

Before Covid, in 2019-20, barristers who said they worked full time on crime received an average of £61,000 after expenses, according to the Bar Council, but this dropped to £47,000 in 2020-21 after the pandemic closed courts.

Pay may increase to pre-pandemic levels now courts have gone back to sittings in person.

However, rates may have reduced in real terms due to the effects in inflation.

In addition, there has been anger that the proposed pay rise will not be made effective immediately and will only apply to new cases, not those already sitting in the backlog waiting to be dealt with by courts.

Also, many of the most junior barristers, who have qualified in the past five years, are earning around £13,000, well below the minimum wage.

These newly-qualified barristers work in shorter hearings, earning daily fees of between £91 and £126, which also has to cover expenses and preparation work which can be up to ten hours a day.

The CBA said the action was already having a ‘devastating impact on the ability of our crown courts to function with any semblance of normality’ and that the ‘continuing refusal of the Justice Secretary to negotiate a fair settlement with criminal barristers comes at a very heavy price’.

In a statement published on its website when it opened the ballot earlier this month, the CBA said members had indicated there should be ‘no pausing or halting of the ongoing programme of strike action’, adding: ‘It has become clear that a significant proportion of our members wish to be given an option to escalate our current action towards an uninterrupted strike in order to exert maximum leverage upon Government at this critical time.’

It added: ‘Given the expectation that the ongoing strike action will inevitably lead to the progressive incapacitation of court business, there is no doubt that resolving this dispute will be the critical priority of any incoming Justice Secretary.’

An MoJ spokesman said: ‘We are increasing barristers’ fees by 15 per cent, investing a further £135 million a year into criminal legal aid, which will see the typical barrister earn around £7,000 more a year. We fast tracked this legislation so lawyers will start receiving this extra money from the end of September.

‘We fast tracked this legislation so lawyers will start receiving this extra money from the end of September.

The Government department said it had ‘repeatedly explained’ to the CBA that backdating pay would require a ‘fundamental change’ in how fees are paid, adding: ‘That reform would cost a disproportionate amount of taxpayers’ money and would take longer to implement, meaning barristers would have to wait longer for payment.’

It said: ‘That reform would cost a disproportionate amount of taxpayers’ money and would take longer to implement, meaning barristers would have to wait longer for payment.’