Direct Access for Employment

Direct Access For Employees

We understand that taking a case to the employment tribunal can be daunting. If it’s your first experience of the tribunal or court process, this, coupled with worries about the implications on professional and personal relationships, as well as your financial situation can add to the stress of a claim. However this is where the team at 7BR can help.

Our employment barristers are experienced, knowledgeable and approachable: They will take the time to talk you through the process and answer any questions you have from the beginning to help you feel more at ease, understand the relevant legislation and help prepare documents required before even reaching the tribunal.

Barristers at 7BR act for claimants and respondents in all areas of employment law and are able to assist in the full range of cases: unfair dismissal including redundancies, working time, holiday pay, whistleblowing, issues arising from pregnancy, maternity and parental leave, discrimination on grounds of age, disability, race, religion, sex and sexual orientation as well as gender reassignment. Below we provide more detail on some of these areas but should you have any queries regarding your claim please email clerks@7br.co.uk.

Why instruct a barrister directly?

  • Save money by not paying two lawyers;
  • Some cases require the assistance of a solicitor and in these circumstances we are able to recommend the very best solicitors who we work with on a regular basis;
  • Greater control over costs as fees are agreed in advance and you decide when you need legal advice and support;
  • Getting advice directly from the person representing you in the hearing ensures greater understanding of your claim and enables better case preparation;
  • Maintain control of the direction of the case as the barrister only assists when asked.

Barristers are able to provide you with advice at any stage of the process, they can:

  • Assess how strong your claim is before you proceed;
  • Draft the relevant documents to issue proceedings;
  • Advise on next steps in the litigation process;
  • Represent you at tribunal;
  • Advise on settlement and act as independent adviser when dealing with a settlement agreement.

Dismissal

Dismissal

Although people change their jobs at many times through their lives, we understand facing a potential dismissal or having already been dismissed by your employer can be a difficult time.

Disciplinary proceedings

If you are facing disciplinary proceedings, an experienced barrister can advise you on the best way to prepare and tackle your disciplinary proceedings, although employers do not allow for legal representation at the disciplinary and appeal stages.

Post-dismissal

You have a narrow window to bring a claim from the date of dismissal therefore it is extremely important that you take advice as soon as possible. Dismissal can fall into a number of categories, such as for conduct or for capability, and if you are looking to bring a claim to challenge whether or not your employer was correct to dismiss you, our barristers will be able to advise you of the different legal tests you need to think about when preparing your case.

They can assist you with preparing the initial claim form and advise you as to each step of the process, whilst also ultimately representing you in the Employment Tribunal

Discrimination

Discrimination

Making a discrimination claim can be one of the most stressful types of claim due to the personal nature of the subject matter. It is very important that facts are carefully collected from the start for the case to be built accurately for representation in tribunal. This can often be difficult for an individual to process independently in a time of heightened emotion but is integral to a claim as issues may go back several months, making the timeframe for gathering evidence critical.

How we can help:

An experienced barrister can assist in this process and advise whether the claim should be for direct or indirect discrimination, victimisation or harassment, as well as whether it is well founded. In cases of disability discrimination, medical evidence will be crucial and barristers can assist in ensuring that your claim is well prepared and thoroughly presented when it gets to the tribunal. The team have access to medical experts who they can work closely with on your claim.

Redundancy

Redundancy

Being informed by an employer that you are going into a redundancy situation is disconcerting. Employers are entitled to go through a redundancy process however the process must be genuine and fair.

How we can help:

Barristers in our employment team at 7BR can advise you on whether you were treated fairly during the process: For example if you were correctly included in the group of people selected for redundancy or whether it appears your employer went through the appropriate consultation processes.

Redundancy cases can involve dealing with a vast amount of documentation disclosed by your employer to demonstrate that they went through the correct processes or demand that you require disclosure of the necessary documents to support your case. Our barristers can advise you on how to carry out this exercise as well as assist you to formulate your claim.

Whistleblowing

Whistleblowing

In many sectors, and particularly in recent years, you may be concerned about irregular or improper practices which you consider impact on the service which is being delivered by the organisation you work for. Unfortunately this can be viewed with suspicion by colleagues and managers alike and you may need to seek redress to protect your position under whistleblowing legislation.

How we can help:

This is a complex area of law and our expert barristers can advise you on what amounts to a protected disclosure, as well as whether the one which you have made is in the public interest. It is often helpful to discuss a case with an expert before any steps are taken in litigation to make sure the claim is correctly drafted.

Some cases are more complicated than others and will require much closer daily management of the claim. In this instance our barristers may think that your case is more appropriate for a solicitor to manage and will be able to recommend some of the best solicitors’ firms in the employment field.

If you would like to know more please call our clerks on +44 (0) 20 7242 3555 or complete the form below:

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