What is covered by employment law?
Employment law is broad in its scope and application, encompassing all matters related to the workplace. Employment lawyers advise global organisations, public and private sector clients, charities and individuals. The work of an employment lawyer can therefore be divided into two distinct categories – that concerning an employee and his or her respective rights and obligations, and that concerning the employer’s rights and obligations. The number of firms who act exclusively for claimants is limited. The majority of firms either act for both, as is often the case with high street firms, or act exclusively for the employer side, as is often the case with City and large regional firms.
Employment law is extremely dynamic, jurisdiction specific and subject to frequent legislative and case law developments as employers are often at the forefront of social change. It constitutes contract law and statutory rights, with a great many of these rights deriving from European Community law. Indeed, many of the changes to employment law are being driven by developments at European Union level.
What do employment lawyers do?
Contentious work encompasses disciplinary and grievance matters within individual employment relationships, remuneration, employer negligence and culpability, and employee liability - resulting in Employment Tribunal claims (occasionally also High Court and county court claims) or negotiating a settlement.
Non-contentious work can consist of advising employers on employment aspects of company sales, drafting employment contracts and policies, and providing guidance on restructuring and redundancy programmes. Employment law is therefore about far more than just dealing with employment contracts - employment lawyers will often be called upon to give general advice relating to any matter that falls under the umbrella of employment.
Employment lawyers have the opportunity to work with a diverse range of clients as virtually all organisations employ people, and the complexity of the legal matters dealt with is by no means always related to the size of the employer. Employment law is therefore varied and intellectually stimulating, with the possibility to become involved in high publicity cases. Due to the potential variety of cases, coupled with a typically steady flow of work and a work/life balance that is viewed as good, employment law is one of the more popular areas of law to practice, thus competition is stiff.
What skills are required to become an employment lawyer?
Trainees can expect to have a lot of direct contact with clients, be it assisting an employer with the employment aspects of corporate transactions or an employee with preparations for tribunal claims. Empathy is a quality that is frequently alluded to by those working in employment law and this is primarily due to clients having to deal with unpleasant and personal allegations made against them. An employment lawyer therefore has to be very supportive to help stressed and vulnerable clients. At times trainees may be expected to advocate for their clients at an Employment Tribunal so public speaking skills are an advantage.
Employment lawyers are frequently required to draft letters, agreements and litigation documents, and research skills are vital as employment law is more legally technical than many areas of legal practice. Practising a mix of contentious, advisory and non-contentious work requires strong organisational skills.
Adaptability is essential to cope with the constantly changing law, particularly with regards to new legislation that arrives in April and October each year. Trainees will also need to have strong commercial awareness to understand a client’s business and the ability to establish relations quickly with HR and other business people.
A good awareness of marketing and business development can prove beneficial in order to help the firm establish strong relations with clients and to win new work, in what is a very competitive area of law.
What are the different types of employment law?
This area of law includes a wide range of issues related to work environment and processes. Here are a few examples:
- Employment contracts
- Age discrimination
- Bullying and harassment
- Dismissal and employee grievances
- Equal pay
- Holiday pay
- Minimum wage
- Discrimination based on gender, race, religion or sexuality
- Parental leave including maternity, paternity leave and parental rights
- Working hours
- Health and Safety
How to get into employment law?
If you qualify through the SQE, you will also need to complete two years of Qualifying Work Experience (QWE). To prepare for the SQE, we recommend studying one of our SQE courses, which have been designed to give you the knowledge and skills for a successful career as a solicitor.
If you’re eligible to study the LPC, you will need to get a two-year training contract with a law firm. To find out what route is right for you, see our Becoming a Solicitor page.
Once you complete your two-year training contract or QWE, you can apply to the Solicitors Regulation Authority (SRA) to be admitted as a solicitor.
To become a barrister, you will need to have completed an undergraduate law degree, or if you are a non-law graduate, a conversion course, before completing the Bar Practice Course (BPC). You will then need to secure pupillage.
You can also study a Master of Law (LLM) in Employment Law to give you the knowledge and skills to move into this area.
Apart from educational qualifications, you must have an interest in people and the workplace.
As employment law is constantly changing and sometimes unclear or untested, you must also be able to keep up-to-date with new advances and issues in the workplace.
Caseloads tend to be large, so you will need good time management skills and the ability to process large amounts of data.
The work can be tremendously satisfying, but potentially very distressing so, in addition to an interest in people and good communications skills, the ability to keep things in perspective is useful.
Aspiring students looking to qualify in employment law should gain as much practical experience as possible. Our employability services provide a wide variety of pro bono projects, paralegal work and work experience placements. All these valuable experiences will set you apart when starting your training contract.
Employment lawyer salary
A newly qualified solicitor in a firm outside of the city or smaller practice may expect to earn around £20,000 to £40,000. An average Employment solicitor salary in London is anything from £42,000 to £100,000 based on five years’ experience according to The Lawyer Portal. Those based in London and bigger cities will often earn more too.
How to learn more about employment law?
Discover more about employment tribunal claims and settlement processes on the UK government website and the Advisory, Conciliation and Arbitration Service (ACAS).