Tempers fray in talks between department and solicitor's office over pay for new lawyers

The CSSO had been looking to restore pay for new entrants to old rates that applied before starting salaries were cut.

The Department of Public Expenditure accused the Chief State Solicitor’s Office (CSSO) of being “unreasonable” as tempers frayed in discussions over starting pay for new lawyers at the legal offices.

The CSSO had been looking to restore pay for new entrants to old rates that applied before starting salaries were cut. However, negotiations turned acrimonious last year with the Department of Public Expenditure complaining of how little time they were being given to consider new information.

In an email, a senior official wrote: “I note that you are asking for a final [department] response with a very short deadline which is unworkable and unreasonable from our perspective given that the period in question includes Easter and related bank holidays.

“It is not acceptable for your office to take a month to reply and expect such a short turnaround from us and such an approach does not help in building trust in our discussions.” 

In correspondence with the department in April 2022, the CSSO’s head of human resources had warned of the “critical and urgent” need for a review of starting pay for state solicitors. The CSSO said it was becoming increasingly difficult to get candidates to apply for jobs and that starting pay for legal staff in other state agencies was much higher.

In the letter, they said they were being “thwarted” in trying to spend their budget due to recruitment difficulties. Their head of HR said: “It had been hoped that, following [our] most recent letter to you, [the department] would have reverted with a final favourable decision on this matter.

“Instead, additional questions have been sought. As this is a critical resourcing issue impacting our ability to use our [budget], this office requires a favourable decision as a matter of urgency, failing which we will have to consider our options.” 

'Wriggle room'

In discussions, the Department of Public Expenditure had told the CSSO there was wriggle room to offer better salaries to individuals based on a person’s previous pay deal.

However, the CSSO said this was neither “transparent nor fair” and in any event would not encourage people to apply for jobs as they would not be aware advertised rates could be negotiated.

It also said this would involve the state solicitor’s office having to send a letter to the department every single time they wanted to offer an enhanced pay deal. A letter said: “This office has no wish to be sending regular requests to [the department] to sanction salaries every time justification using proof of documentation for decision is required.” 

It said this would not be an “economical use” of the time of staff in either office and would add “increased inefficiencies” to an already arduous recruitment process.

Another letter claimed it was problematic to say public bodies could go “off-grid” and start setting different salary starting points for new solicitors. “[This] is only creating further anomalies across the civil service drumming up potential employee relations issues in the future,” it said.

In other correspondence, the Department of Public Expenditure said the difficulties the CSSO was facing in hiring staff were “not unique” to them. It said this was a challenge across the public service especially for recruitment of professional grades.

The letter added: “In light of our recent discussions, and our request for your office to examine and put forward alternative starting pay arrangements, I am disappointed that you have seen fit not to make a request other than one seeking a full return to the 2016 arrangements.”