Top UK government lawyer pushes ‘revolving door’ as pay gap widens

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The head of the UK’s Government Legal Department is pushing for more of a “revolving door” with industry, as US law firms in London spur large salary increases, putting extra pressure on public sector hiring.

Pay “is a real challenge”, said Treasury solicitor Susanna McGibbon in an interview with the Financial Times. “I am all in favour of the so-called revolving door . . . it is very different work that the American firms are paying those huge amounts for. And I would say ours has the interesting dimension to it as well.”

Like many public sector services, the GLD has struggled with attrition in recent years. Staff turnover hit 14 per cent in 2022-23 as pressure from major events such as Brexit and the Covid-19 pandemic increased workloads at the same time as the private sector raised pay.

While the department received a one-off pay deal last year for its more senior lawyers, which has helped improve attrition rates, junior lawyers earn about £60,000, compared with about £150,000 for their contemporaries at top City law firms. A “revolving door” model would encourage more lawyers to move between the private and public sectors during their careers.

The GLD handles about 40,000 live cases at any one time for the UK government.

These range from a prisoner suing for slipping over in the exercise yard, to a non-governmental organisation challenging the legality of regulations, and to spoliation — claims from people who lost cultural property during the Nazi era.

The unit has about 2,600 lawyers spread across government departments and is central to many of the country’s biggest events.

Following the election, the division, which describes itself as the “largest in-house law firm in the UK”, has shifted its priorities to focus on Labour’s five key missions — growth, clean energy, the NHS, childcare and education reform, and crime. 

The new government has made clear that it wants to reset the UK’s reputation on the rule of law after the Conservatives challenged international law and undermined the courts over issues including Brexit and deporting asylum seekers to Rwanda.

In an interview with the FT last month, England’s attorney-general, Lord Richard Hermer KC, said he was “shocked” by decisions taken under the previous government. Such actions led to the resignation of McGibbon’s predecessor, Jonathan Jones, who quit over changes to the Brexit withdrawal agreement.

McGibbon, 57, a barrister and career civil servant, declined to comment on how those events had an impact on morale in the department or whether Prime Minister Sir Keir Starmer’s background as a lawyer was a welcome change. Instead, she emphasised the neutrality with which government lawyers must approach the job.

“I understand Jonathan’s reasons for resigning. I think everyone has their red lines,” said McGibbon, who has been in the role since March 2021.

“But it remains hugely important that the government of the day, of whatever complexion, is supported by the best possible legal teams. And that requires us to impartially serve . . . and bring our expertise to bear,” she added.

The service, which was transformed from an umbrella organisation to a centralised department 10 years ago, has expanded nationally in recent years, adding offices in Bristol, Leeds and Manchester in an effort to hire from a wider pool of lawyers and increase diversity. 

The department is also keen to start using artificial intelligence for things such as evidence disclosure in litigation to increase efficiencies. The “government legal department can’t be 10 years behind developments in this space”, said McGibbon.

If the top UK lawyer has got any red lines, as the GLD embraces a new government, and the changes in agenda and legislation that come with it, then she was not prepared to share them.

“I’ve obviously not reached them yet,” said McGibbon.