Using Barristers in Employment Tribunals: A Guide for HR Consultants

Employment disputes can be challenging, particularly when they escalate to an employment tribunal. If you're an HR advisor or consultant, your primary concerns are likely protecting your client's reputation, mitigating financial risks, and ensuring legal compliance. With this in mind, engaging the services of a barrister could be a game-changer. 

Why consider a barrister for an employment tribunal? 

Barristers are legal professionals with expertise in advocacy, negotiation, and specialised areas of the law. While solicitors often handle pre-tribunal processes, barristers are typically called upon for tribunal hearings, where their courtroom skills are invaluable. 

Barristers are highly trained in presenting cases in tribunals and courts, and as well as being experts in advocacy, hold expertise in cross-examining witnesses, delivering arguments, and responding to tribunal judges can significantly affect the outcome. Many employment barristers focus exclusively on employment law, which means they're familiar with even the most intricate details of legislation. 

Hiring a barrister through the direct access scheme – that is, without going through a solicitor – can often be more affordable on account of the reduced overheads and administrative costs. For a small or medium business facing employment claims, this can be a significant saving. 

What is the role of a barrister in an employment tribunal? 

If you're unfamiliar with barristers' work, it’s worth understanding their primary responsibilities in the context of an employment tribunal: 

• Case Analysis and Advice 

Once engaged, an employment barrister will review the details of the case and offer legal advice based on the client’s position. They’ll assess the strengths and weaknesses of the case, provide guidance on strategy, and recommend potential settlement options to minimise reputational risks. 

• Drafting Legal Documents 

Barristers can also draft and review key documents, such as witness statements, skeleton arguments, and tribunal bundles. Clear, concise documentation often influences tribunal outcomes, making this an essential part of their role. 

• Pre-Hearing Advocacy 

Some cases are resolved without the need for a full tribunal hearing. Your barrister can advocate on your client’s behalf in preliminary hearings to resolve procedural matters or argue for the dismissal of weak claims. 

• Tribunal Representation 

When the case proceeds to a hearing, your barrister can cross-examine witnesses, present compelling arguments, and ensure that the employer’s side of the story is communicated effectively to the tribunal.  

• Post-Hearing Advice 

After the tribunal, barristers can provide advice on potential outcomes, including appeals or compliance with tribunal rulings. 

FAQs 

Do I need a solicitor, or can I go directly to a barrister? 

Traditionally, solicitors were required to instruct barristers. However, through the direct access scheme, you can now go straight to a barrister without involving a solicitor. This “direct access” model can simplify the process, cut costs, and make for more efficient communication between parties. 

You can find out more about direct access here.  

How much does an employment barrister cost? 

The cost of hiring an employment barrister varies depending on their experience and the complexity of the case. At Barrister Connect, we provide barristers based on a fixed fee model – but barristers may charge hourly, or on a price-per-task basis. 

Are barristers regulated? 

Yes, barristers in the UK are regulated by the Bar Standards Board (BSB). This ensures they adhere to strict professional standards, offering reassurance to clients regarding their conduct and services.  

Supporting Your Client Through the Instruction Process 

As an HR adviser or consultant, your role goes beyond recommending a barrister. Offering support throughout the tribunal process can help your client feel more confident and prepared. 

Consider: 

Providing Documentation: Ensure all relevant documents, including policies, contracts, and witness statements, are ready for the barrister’s review. 

Managing Expectations: Explain the tribunal process to your client, including potential outcomes and timelines. 

Coordinating Communication: Act as a liaison between the client and barrister to ensure seamless communication and coordination throughout proceedings. 

If you haven’t instructed a barrister before, the process may initially seem daunting. However, with direct access now widely available, hiring an employment barrister has never been easier or more cost-effective. 

Looking for a barrister you can trust? Our team of employment law barristers are able to support your client through every stage of proceedings. Take a look at our employment law page or get in touch to find out more.