Employment Law in Practice
We would recommend that you select an employment solicitor who specialises in employment law, not only for employers but also for employees. It is a useful exercise for the employment solicitor to have an understanding of acting on both sides.
The add value that employment solicitors can provide is a thorough understanding of the law and procedure and having the commercial savvy to negotiate an appropriate settlement. It is crucial for you that they act in your best interests, especially in employment claims. As costs are not generally awarded to the winning party, there has to be a continuing cost benefit analysis at every stage and at every opportunity of settlement. There is no point in taking the matter to a hearing at the employment tribunal, if you can make a cost effective settlement at an earlier stage, thereby decreasing legal fees.
You should try to work out from the first meeting if the employment solicitor believes that the matter is more likely to settle or their view is that it would be resolved at a hearing.
The client - employment solicitor relationship is a collaborative one, and you should feel comfortable with your employment solicitor. The whole process by its very nature is a stressful one, so it is crucial that you have a good relationship with your employment solicitor.
Another significant factor, that is not apparent at the first meeting, without some experience of handling these disputes, is the quality of barristers that the law firm normally instructs. Some smaller practices or ones who use insurance will represent you in front of the Employment Tribunal themselves, or use very junior barristers who are still training or have only been qualified for a short time. If the claim is for a relatively small amount or very straightforward this can be a good idea. However, if the claim you are defending is more complex and for a significant sum, it is worth getting a barrister, who is a lawyer who specializes in appearing before a judge, to draft your defence and represent you at the hearing. At Stone Joseph, we generally use top rated employment chambers and barristers who are reputed to be "stars of the bar".
Most clients are nervous as to the costs of contacting an employment solicitor and the costs of defending a claim. Stone Joseph believes that it is good practice to provide a consultation by telephone initially to give you an idea of strategy and costs. We try to encourage our clients to believe it's always the money and not the principle.