The Bar Council is calling on individuals, chambers, and organisations at the Bar to step up work on race equality and keep the momentum going, as it publishes the follow up report to the landmark Race at the Bar report 2021.

The new report ‘Race at the Bar: Three years on’ reveals there has been some progress on access, retention, progression and culture. In particular, the overall diversity of the Bar is improving year by year. But there is much more work to do, particularly in relation to the experience of Black barristers and Black aspiring barristers, students and pupils.

A survey of chambers and organisations found that the 2021 report galvanised the Bar to take action – 92% of those who responded have taken action in at least one of the ideas we identified. It also shifted attitudes – there is now widespread acceptance that there are serious structural and cultural challenges around race.

However, the report finds that progress has been limited with respect to differentials in earnings between barristers of different ethnic groups, the success rates of applicants in pupillage, silk and judicial appointments, as well as in the disproportionate experience of bullying and harassment for Black and minority ethnic barristers.

The report analyses data on who secures pupillage and tenancy, earnings differentials, experiences of bullying and harassment and wellbeing, progression (who obtains silk and judicial appointments) and the changing profile of those in leadership roles. It tracks any change since the last report.

For the first time the report looks at two new data sets: pupil-to-tenancy conversion rates and earnings. While the pupillage-to-tenancy rates are similar for different ethnic groups, the transition appears to be easier for White pupils who are more likely to be offered tenancy immediately – and where they train – than their Black peers. Differences in earnings by ethnicity highlights the need for more detailed research.

Key findings

The key findings of the report present a mixed picture:

• Overall, representation of minority ethnic barristers at the Bar is improving at a reasonable rate, by about 0.5 percentage points a year, to 16.9% of the Bar
• Pupillage-to-tenancy conversion rates are comparable between different ethnic groups (93-94%). But Black/Black British barristers are less likely to get immediate tenancy, the most likely to go onto a probationary tenancy, and the most likely to initially become a ‘squatter’
• The total number of silks from minority ethnic backgrounds has increased since 2021. The total number of Asian silks (102) has increased by almost a third and those of mixed/multiple ethnicities (53) has more than doubled. There are, however, still only 8 Black women silks (the same number reported in our 2022 progress report) and the total number of Black KCs remains low at 25
• In all areas of practice, and at all stages of career from young Bar to silk, Black and Asian barristers are earning less than White colleagues
• Two thirds (65%) of White barristers said that work was distributed fairly at their employer/chambers, compared with only around 4 in 10 (43%) of those from minority ethnic backgrounds
• In 2023/24 of the 4,714 courts and tribunals judges in post who declared information on ethnicity, 529 (11%) were from a minority ethnic background and 4,185 (89%) were White
• Since the last report, the leadership at the Bar both nationally and on circuit has become more ethnically diverse

Recommendations

 The report makes a series of recommendations for chambers and organisations, as well as for the Bar Council, including:

• Mandatory EDI training and specialist race training for all members and chambers employees
• Monitoring work distribution and income by ethnicity and formalising practice reviews
• Supporting equality and diversity officers (EDOs) to build an inclusive culture
• Enhancing data collection and analysis across the board – by chambers, the Bar Council, Kings Counsel Appointments, and the Judicial Appointments Commission
• Supporting networks for Black and minority ethnic barristers

These recommendations are in line with our recent response to the Bar Standards Board consultation on the equality rules.

New race toolkit

Barristers told us that the biggest barrier to action is finding time and resources. To support the Bar in taking effective action the Bar Council is publishing a new race equality toolkit breaking down the actions for chambers and organisations to take and sharing good practice ideas and resources.

Commenting on the launch of the report, Sam Townend KC, Chair of the Bar, said:

“Barristers have told us that, since the 2021 report, 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. This is welcome and essential.

“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.”

Barbara Mills KC, Vice Chair of the Bar Council (and former co-chair of the race working group), added:

“I have been impressed with the way the Bar embraced the challenge we set out in the 2021 report. We have made some progress thanks to the efforts of those leading this work in chambers and organisations. There is much more work ahead and we must do all we can to encourage all the various stakeholders to support those efforts.

“The 2021 report raised awareness across the Bar of the scale of the challenges. The most positive message from those participating in our focus groups was that there is now a more general acceptance that these challenges are real and an issue at the Bar. There was also a sense that there is the spirit for continued change. That awareness and acceptance must be built on to create sustained action.”

Laurie-Anne Power KC, co-chair of the race panel, said:

“Action across the Bar to tackle inequalities since the 2021 has been noticed – barristers told us the Bar is starting to feel more inclusive. But despite this step in the right direction, the progress for Black barristers and students in the last three years has been limited.

“As this report demonstrates, the most useful action is often in the most difficult areas – in ensuring everyone’s experience of the Bar is positive, irrespective of background. We would like to see a profession where the chance of being taken on is not linked to race. Where the amount earned is not linked to ethnic origin. And where we all recognise tackling racial inequality requires sustained commitment.”

 Simon Regis CBE, co-chair of the race panel, added:

“Progress has been made, but we must not be complacent. There is still racism at the Bar. 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.

“Our response to this report’s findings must be to double down to ensure we make better progress, more quickly, in future. In the meantime, we urge everyone at the Bar to work with us and collaborate with each other so that together we can make the Bar more inclusive and accessible for every aspiring and practising barrister.”