Employment Barristers: Expert Advice and Representation in Workplace Disputes 

29.05.25 12:27 PM

Employment law issues can be complex, stressful, and time-sensitive. Whether you are an employee facing unfair treatment or an employer responding to a claim, specialist legal advice can make a significant difference. Employment barristers provide expert guidance, strategic representation, and practical solutions for a wide range of workplace disputes.

What Do Employment Barristers Do?


Employment barristers specialise in employment and workplace law, advising and representing both employees and employers at all stages of a dispute.


1. Expert Legal Advice


Employment barristers provide clear and authoritative legal opinions on issues including:

  • Unfair dismissal

  • Wrongful dismissal (breach of contract)

  • Workplace discrimination (race, sex, age, disability, religion, etc.)

  • Harassment and victimisation

  • Whistleblowing claims

  • Redundancy rights and procedures

  • TUPE transfers (Transfer of Undertakings)

  • Employment contracts and restrictive covenants

  • Disciplinary and grievance procedures

  • Pay disputes, including equal pay and unlawful deductions


Their advice helps clients understand their rights, obligations, and the strength of their case from an early stage.


2. Representation at Employment Tribunals and Courts


Employment barristers regularly represent clients before:

  • Employment Tribunals, where most employment disputes are heard

  • Employment Appeal Tribunal (EAT) for appeals on points of law

  • County Court or High Court, particularly for breach of contract claims

  • Court of Appeal or Supreme Court in complex or precedent-setting cases


They act as advocates in:

  • Preliminary hearings

  • Full merits hearings

  • Remedy hearings (to assess compensation)

  • Appeals


Their courtroom expertise ensures your case is presented clearly, persuasively, and professionally.


3. Drafting Employment Law Documents


Employment barristers can draft and review key legal documents, including:

  • Grounds of claim or response

  • Legal submissions and skeleton arguments

  • Settlement agreements

  • Employment contracts, policies, and procedures


Accurate drafting is critical to protecting your position and avoiding costly mistakes.


4. Negotiation and Settlement


Many employment disputes are resolved without a final hearing. Employment barristers assist with:

  • Acas Early Conciliation

  • Mediation

  • Without prejudice negotiations

  • Settlement discussions during tribunal proceedings


Their involvement often leads to faster, more favourable outcomes.


5. Direct Access to Employment Barristers


Many employment barristers are Direct Access (Public Access) qualified, meaning you can instruct them directly without needing a solicitor.

This can be a more cost-effective and efficient option, particularly in employment tribunal cases where full solicitor involvement may not be required.


When Might You Need an Employment Barrister?


You may benefit from instructing an employment barrister if:

  • You have been dismissed and believe it was unfair or discriminatory

  • You are facing disciplinary action and need legal advice or representation

  • You are an employer defending an employment tribunal claim

  • You need advice on enforcing or challenging a restrictive covenant (such as a non-compete clause)

  • You are negotiating a high-value exit or settlement agreement


Get Expert Employment Law Support


Whether you are an employee or an employer, employment law disputes require specialist knowledge and a strategic approach. An experienced employment barrister can provide clear advice, strong advocacy, and practical solutions tailored to your situation.


If you would like advice on instructing an employment barrister directly or would like a fixed-fee quote, contact us today to discuss how we can help.


📞 Call us: 0203 773 1031 📧 Email: sam@directaccessbarristers.info

Sam Morgan

Sam Morgan

Barristers Clerk Direct Access Barrister