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Barristers and employment law


Many employment law issues can be resolved within the workplace, through informal and formal grievance procedures. However, if such attempts are unsuccessful, or if they are inappropriate in the circumstances, there are a number of different courts and tribunals that can deal with employment-related cases. In the event that you find yourself embroiled in a dispute over employment law, barristers may ensure your best chances of a positive outcome.

Employment law barristers can advise and represent you on a wide range of employment matters, such as unfair dismissal, discrimination, and disputes over entitlements. Most commonly, employment barristers are instructed for unfair dismissal claims in employment tribunals. A barrister does need to be instructed via a solicitor, unless the barrister has a direct access licence, in which case you can instruct the barrister directly.

Employment tribunals are specialist employment ‘courts’ that deal with most employment matters. Whilst employment tribunals aim to be more informal and have considerable discretion in how to handle cases before them, there are still complex rules governing tribunal procedures. For example, the process of examining the parties, calling for witnesses, cross-examination, and closing statements still occurs. Similarly, extensive written evidence may be required, disclosure of documents may be required, and witnesses may be called. For these reasons, the expertise and experience of employment law barristers can greatly assist your chances of a successful outcome in an employment tribunal.

Employment law barristers can also assist you when employment matters are dealt with in the civil and criminal courts. For example, cases of illegal conduct by an employee, serious breaches of health and safety law, and harassment.

You may wish also wish to enlist the assistance of barristers throughout the course of the grievance and disciplinary process if you expect that the conflict might escalate. Proper advice at these earlier stages can minimise the damage of employees’ claims.

If you would like assistance obtaining a barrister, Caven can advise you and put you in touch with local specialist employment law solicitor first free of charge. So, if you have any questions or would like our help please call us on 0800 046 1463 or complete the web-form above.

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