In a nutshell

The Employment Bar deals with any and every sort of claim arising from the relations or breakdown of relations between employees and employers. Disputes are generally resolved at or before reaching an Employment Tribunal, which deals with cases relating to redundancy; unfair dismissal; discrimination on the grounds of gender, sexual orientation, race, religion or age; workplace harassment; contract claims; and whistle-blowing. In most cases a tribunal will consist of an Employment Judge sitting with two 'wing members', one from a trades union and one from a business background. Appeals are heard by the Employment Appeal Tribunal (EAT) and high-value claims and applications for injunctions to prevent the breach of restrictive covenants or use of trade secrets are usually dealt with in the county courts or the High Court.

Accessibility is a key aim of the employment tribunal system, legal representation is not required, and many more cases proceed to a full hearing than in other areas of civil law. One reason for this is that awards of costs against unsuccessful parties are rare. Such is the emphasis on user-friendliness that employment claims can even be issued online. Claimants will often represent themselves, meaning a barrister acting for a respondent company faces a lay opponent. Nonetheless, many cases are so complex, or worth so much money, that both parties seek specialist legal representation from solicitors and barristers.

The realities of the job

• Most advocacy takes place in employment tribunals or the EAT, where the atmosphere and proceedings are less formal. Hearings are conducted with everyone sitting down and barristers do not wear wigs. The emphasis is on oral advocacy, with witness statements generally read aloud.
• Tribunals follow the basic pattern of examination in chief, cross-examination and closing submissions; however barristers have to modify their style, especially when appearing against someone who is unrepresented.
• A corporate respondent might pay for a QC, while the applicant’s pocket may only stretch to a junior. Large-scale equal pay or City ‘team move’ cases run much like other high-end civil litigation. Solicitor advocates feature prominently in tribunals.
• Employment specialists need great people skills. Clients frequently become emotional or stressed, and the trend for respondent companies to name an individual (say a manager) as co-respondent means there may be several individuals in the room with complex personal, emotional and professional issues at stake.
• Few juniors act only for applicants or only for respondents. Most also undertake civil or commercial cases, some criminal matters.
• UK employment legislation mirrors EU law and changes with great rapidity. Cases are regularly stayed while others with similar points are heard on appeal.

Current issues

• The tribunals are overflowing with work following the economic downturn, which has led to long delays in proceedings. There is ample work for juniors on ‘fixed fee’ arrangements, especially from insurers or large employers.
• The Equality Act 2010 could lead to an upturn in discrimination cases.
• Layoffs and bonus disputes resulting from the economic downturn are a key source of claims. Bonus disputes, in particular in the financial sector, are a hotly debated topic, as are ‘team moves’. Equal pay cases are another important area.
• The 2010 British Airways strikes created a flurry of work. Future private and public sector restructurings could lead to further strike disputes.

Some tips

• Get involved with the Free Representation Unit. No pupillage application will look complete without some involvement of this kind.
• Practically any kind of job will give you first-hand experience of being an employee. Not to be underestimated, especially when you consider that as a barrister you will be self-employed.
• High-profile cases are regularly reported in the press, so there’s no excuse for not keeping abreast of the area.