Paul Michell is a barrister at Cloisters, a leading set with particular expertise in employment, equality, discrimination and human rights law. Paul’s route to the Bar meandered via an English degree at the University of Cambridge and a number one single in Paraguay! He explains: “After university, I was a singer in a band, touring the world. Seven years later, I thought it was time to get serious (or end up looking a bit silly!). In fact, being a barrister is not a million miles away from being in a band: you’re self-employed and there is an element of performance to both.”

Paul did his first six at 39 Essex Street, doing mostly public law, and his second six at Cloisters. Then it was off to a tenancy at 4 King’s Bench Walk for “five years of common law work” and finally back to Cloisters to focus on employment law. Paul talks about his practice: “There is massive variety. You might find yourself dealing with black letter law (such as an urgent injunction on a restrictive covenant), a claim for wrongful dismissal in the High Court or a sex discrimination case in Croydon. The clients are very varied as well. On average, you get more opportunity for advocacy (tribunal and court work) than other areas of civil law and you’re not always appearing in front of judges.”

Although “there is no typical day – that’s what I like about it”, Paul describes what a working day might include: “I could find myself attending conferences, going to hearings, drafting or giving advice. It’s a good mixture.” With Paul’s caseload split between claimants and respondents fairly evenly, he discusses some of his recent work: “This week I’m acting for the Royal National Institute of Blind People in a whistleblowing case. Last week, I was working on a case which involved a woman who was psychiatrically very vulnerable, which was difficult because I had to avoid causing her distress during cross-examination, while at the same time getting the right answers for my client. You deal with a real mixture of people, so you have to tailor your questioning and attitude depending on who you’re examining, who the tribunal is and what the case is about. There can be lots of courtroom drama. It can also be dry and dusty!”

Paul is excited about the prospect of going to the European Court of Justice (ECJ) later in the year with a cutting-edge case: “It’s about associative disability discrimination. My client has a disabled son and she claims to have been discriminated against at work as a result. While associative discrimination has been prohibited in the UK in relation to race and in other contexts (for example, a white person could take action if discriminated against because he/she has a black partner), the UK legislation isn’t clear on whether associative discrimination is actionable in relation to disability. So the tribunal has referred us to the ECJ to see if EC law prohibits associative discrimination and harassment in that context.”

So what makes a good employment barrister? Common sense is particularly important, says Paul: “It can see you through an awful lot, not least because often you’re in front of a tribunal where two out of the three adjudicators aren’t lawyers. Common sense and lateral thinking is what they usually like, so you want them to be convinced that yours is the best way of doing things. You’re there not just as a lawyer, but also as a persuader. And more so in employment, because you’re up against a very proactive tribunal – you will get more questions than you would from a judge.” And, of course, the old cliché remains true: “Preparation, preparation, preparation – you need to know your papers backwards and to keep up to date with employment law, which changes very rapidly. I sometimes think it’s a shame we don’t have a memory chip to plug in!”

Paul has some top tips on putting together an impressive CV: “We receive about 500 applications each year, of which we select about 80 to interview. To get into that group, you need to tick a variety of boxes. For example, you’ll need to have some advocacy experience – if you get a chance to moot, do it and win; if you get a chance to do the Free Representation Unit, do it and win. Try and demonstrate skills that’ll distinguish you from others. It’s not enough to just have a good degree – what else makes you stand out? (In my case, sadly, it was being in a band!) We are also keen to see some commitment in the pro bono direction.” And it’s a question of ‘do as I say, not as I do’ in one respect: “I’d never been into a tribunal or a court before I applied for pupillage – I just liked the idea of ‘defending the underdog’, making some money and having some fun! My advice would be to try and learn more about how barristers work together, what the tribunals are like, what different chambers can offer – it’s the only way you can get close to having an idea of what it’s all about.”

Overall, it’s good to be an employment barrister, says Paul: “I enjoy the fact that, mostly, I have control over my job and hours. And it’s a very good job for someone with a short attention span – you can get intensely involved and then move on! Employment also has a massive human interest side, whereby you’re delving into people’s lives. Winning usually feels good, but when you have a righteous case and you win, it feels very good indeed.”