Common Questions About Using Barristers for Workplace Legal Representation

Workplace legal disputes can be a challenging, and often stressful, experience for employers. Whether your organisation is addressing a claim brought against it or pursuing legal action itself, having expert guidance is essential.  

While many employers immediately think of employment law solicitors, direct access to barristers is an equally effective – and often more efficient – option to consider.  

What is an employment law barrister?  

An employment law barrister is a highly specialised legal professional who provides expert advice and advocacy in employment law matters. They are often called upon to handle complex or high-stakes disputes, such as issues relating to unfair dismissal, workplace discrimination, redundancy, or contractual disputes.  

Unlike employment law solicitors, barristers typically focus on court and tribunal representation, delivering direct and practical solutions to legal problems. They are known for their ability to construct persuasive legal arguments and provide impartial, strategic advice.  

Why choose a barrister over a solicitor for workplace legal matters?  

Traditionally, barristers could only be instructed by solicitors. However, the introduction of the direct access scheme has changed this. Today, businesses can directly hire an employment barrister without needing to go through a solicitor, potentially saving time and costs.  

Benefits of instructing a barrister directly include: 

• Cost-efficiency: Eliminating the need for a solicitor reduces duplication of work and expenses. 

• Expertise: Employment barristers often have highly specialised knowledge, particularly in areas such as representing employers in employment tribunals.  

• Direct advice: You’ll deal directly with the barrister handling your case, ensuring clearer, quicker communication. 

That said, for some cases, such as those requiring contract drafting or ongoing HR support, engaging both a solicitors and barrister may still be beneficial.  

When Should Employers Use an Employment Barrister?  

Employment barristers are particularly valuable in specific scenarios, such as: 

• Representation at tribunals or court hearings 

• Defence against claims of unfair dismissal or discrimination 

• Presenting a settlement argument or negotiating terms  

• Advising on complex legal disputes, like TUPE transfers or restrictive covenants  

HR advisors managing organisations with limited legal expertise may also find it reassuring to consult an employment barrister at an earlier stage to assess potential risks and outcomes.  

How Do Direct Access Barristers Work for Employers?  

Using a direct access barrister is a straightforward process. Here’s what you can expect: 

Initial Consultation: You'll discuss your case directly with the employment barrister, who will evaluate the matter and recommend the best course of action. 

Documentation Review: The barrister will examine relevant documents, such as contracts or evidence, to fully understand the legal context.  

Strategic Advice: They will guide your organisation through the legal process, from creating a defence strategy to negotiating settlements. 

Advocacy: Should your case proceed to a tribunal or court, the barrister will represent you with unmatched expertise.  

With direct access, the administrative burden and time taken to address legal disputes are significantly minimised, offering peace of mind for employers.  

How Do I Find the Right Barrister?  

Selecting the right employment barrister for your case is crucial. For HR advisors and their organisations, it’s important to prioritise experience and expertise in employment law and workplace disputes. 

Many providers of direct access barristers, such as Barrister Connect, are backed by a team of experts who can assist in assessing which barrister best aligns with the needs of a case.