Employment

In a nutshell

Employment lawyers guide their clients through workplace-related legislation and are intimately involved in the relationship between employers and employees. The divide between employers’ and employees’ lawyers is often clear-cut so bear this in mind when you pick your firm. Most will work either largely for employers or largely for employees; a few will straddle both sides of the fence. Usually, the job includes both advisory work and litigation.

Disputes are almost always resolved at an Employment Tribunal, or before reaching one, and appeals are heard at the Employment Appeal Tribunal (EAT). The grievances leading to litigation fall into the following broad categories: redundancy, unlawful dismissal, breach of contract, harassment and discrimination. This last type of claim can be brought on the grounds of race, religious or philosophical belief, gender, sexual orientation, disability and age.

There are also employment-related cases with a commercial tint to them, such as rows over team moves between major businesses. These are heard in the courts rather than the Employment Tribunals.

Employment

What lawyers do


Employees' solicitors

  • Advise clients on whether they have suffered unlawful or unfair treatment and establish the amount to be claimed. This will either be capped or, in the case of discrimination, can include additional elements to cover loss of earnings, injury to feelings and aggravated damages.
  • Gather evidence and witnesses to support the claim.
  • Try to negotiate a payment from the employer or take the matter to tribunal. If there is a breach-of-contract element to the claim, it might be heard in a court rather than a tribunal.
  • If the matter does reach tribunal, the solicitor may conduct the advocacy.


Employers' solicitors

  • Defend or settle the sorts of claims described above.
  • Negotiate employment contracts or exit packages for senior staff.
  • Negotiate with unions to avoid or resolve industrial disputes.
  • Formulate HR policies and provide training on how to avoid workplace problems.

Realities of the job

  • You quickly develop an understanding of human foibles. By their very nature employment cases are filled with drama.
  • Clients may assume your role is to provide emotional support as well as legal advice, so you need to take care to define your role appropriately.
  • Solicitors who want to do their own advocacy thrive here, although barristers are commonly used for high-stakes or complicated hearings and trials.
  • The work is driven by the procedural rules and timetable of the tribunals and courts.
  • The law is extensive and changes frequently. You'll read more than your fair share of new rules and regulations.