⚖️ What Employment Barristers Do:
1. Legal AdviceThey provide expert legal opinions on:
Unfair dismissal
Wrongful dismissal (breach of contract)
Discrimination (race, sex, age, disability, etc.)
Harassment and victimisation
Whistleblowing
Redundancy rights and procedures
TUPE (Transfer of Undertakings)
Employment contracts and restrictive covenants
Disciplinary and grievance procedures
Pay disputes (e.g. equal pay, unlawful deductions)
2. Representation at Tribunals and CourtsEmployment barristers represent clients in:
Employment Tribunal (main forum for most employment disputes)
Employment Appeal Tribunal (EAT) for appeals
High Court or County Court (e.g., for breach of contract claims)
Court of Appeal or Supreme Court for complex or precedent-setting cases
They conduct:
Preliminary hearings
Full merit hearings
Remedy hearings (to determine compensation)
Appeals
3. Drafting Legal DocumentsThey assist with:
Grounds of claim or response
Legal submissions and skeleton arguments
Settlement agreements
Contracts of employment and policies
4. Negotiation and SettlementThey often help resolve disputes before or during proceedings through:
Mediation
Acas Early Conciliation
Without prejudice negotiations
5. Direct Access (Public Access)Many employment barristers are Direct Access qualified, meaning:
You can instruct them directly without needing a solicitor
This can be more affordable and efficient—especially in tribunal cases where solicitor involvement may not be necessary
👩⚖️ Examples of When You Might Need an Employment Barrister:
You've been dismissed and think it was unfair or discriminatory
You're facing disciplinary action and want legal advice or representation
You're an employer needing to defend a tribunal claim
You want to challenge or defend a restrictive covenant (like a non-compete clause)
You’re negotiating a high-value exit or settlement agreement
