Choosing an employment lawyer

Employment Law

If your dream job is turning into a nightmare, or your ‘perfect’ employee is wreaking havoc in the workplace, then you may need the help of an employment lawyer.

Employment lawyers advise both employees and employers on all legal aspects of the workplace, whether that be the correct way to make an employee redundant, the transfer of employees when a company is bought, or an employee’s claim of unfair dismissal. Employment law may also touch on immigration issues or pensions and tax law, and involve the use of medical experts where there has been an injury at work. Many claims end up in the employment tribunal, with each side arguing their case before a panel of judges.

Employment law is a growth area for lawyers, mainly because of the amount of legislation originating from the European Union. There is no doubt that the body of rules, regulations and case law that makes up employment law is considerably larger than it was ten years ago. Employees today have more rights and legal protection than ever before. Employees are protected from ageism, racism, sexism, homophobic insults, religious or faith-based discrimination and from lesser treatment on account of their having a baby. Employers have a range of duties towards those they hire, from paying the minimum wage to providing a hazard-free workplace.

This means that there are many specialisms within a specialism. When choosing an appropriate employment lawyer, you will need to narrow down your legal problem and seek out someone with the right sort of experience.

The wealth of work in this area means the majority of law firms will have an employment law department. Some of these focus on the employer and some on the employee. Some firms specialise in fighting discrimination, while others have built up expertise in handling compensation claims for injury at work. The benefit of going to a lawyer whose experience matches your claim is that the lawyer will work faster, have more up-to-the-date knowledge (the law changes very quickly in this field) and ultimately cost you less in the long run.

A Citizens Advice Bureau or law centre may be able to help you with your inquiry, and recommend a law firm to you. Alternatively, using the LawyerLocator site should allow you to draw up a shortlist. From there, you could do an internet search and visit shortlisted firm’s websites. Some websites offer potted histories of each solicitor’s career, including the types of claims they have worked on.

Look for evidence of expertise in your area of need, for example a track record of offering employers real, practical advice and of translating complex legislation into workable solutions. If you want to bring a claim against your employer, most lawyers will be able to tell you at initial interview stage whether you have a fighting chance.

Cost is another factor. Lawyers are expensive creatures, although they may be able to win you or save you large amounts of money.

If you are unemployed and have a very small income, you may be eligible for legal aid. However, this is only available for advice on employment law. Legal aid is not available for representation in employment tribunals.

It may be possible to use a law centre or Citizens Advice adviser, who will advise and represent you for free. If you are a member of a union then you will be able to use your union’s lawyers, who of course are experts in the field and well-versed in the rights and obligations of workers and employers.

Another alternative is to use a CFA (conditional fee agreement), otherwise referred to as a ‘no win, no fee’ agreement. Obviously, if you win your case, a percentage of your compensation will go to your lawyer. If you lose, however, then you don’t need to pay him or her, although you may still be responsible for various costs. Your lawyer will be able to advise you further on the details and the risks.

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