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A popular misconception is that this area of law is just about employment contracts. In fact, employment lawyers handle all areas of employment law, including discrimination, workplace monitoring, staff restructuring and whistleblowing. There has been a massive increase in employment law cases in recent years, due to a combination of new European legislation, government policies and an increasing awareness by employees of their work-related rights. Tim Dracass is a barrister at 18 Carlton Crescent, a common law set in Southampton. Tim did a law degree at Cardiff University, but admits he took a punt on the law: "Unlike those of my contemporaries who were convinced that law was for them, I just thought I'd give it a go. As it unfolded, I really enjoyed it - particularly the legal analysis." Tim stayed in Cardiff for the BVC: "It was the first year the course had been offered outside London, so we felt like real pioneers, although that may be overstating it!" Securing pupillage at 18 Carlton Crescent was made easier by Tim's local connection: "I grew up not far away, which helped me focus my applications and I think gave me an edge over other applicants. The first six was particularly tough, certainly towards the end; you reach a point where you feel that all you've been doing is watching other people do the job. But come the second six, you really appreciate the benefits of that training and the benefits of life at the Bar." Tim became a tenant in May 2000. He describes the spread of work he now enjoys: "As I'm in a provincial set, I don't solely practise in employment - I also do a bit of civil and criminal. It's quite an unusual mix, but one which works well." He goes on to explain the division of daily work, splitting it into three categories: "First, I represent claimants or respondents in local employment tribunals in cases that range from straightforward unfair dismissal claims, listed for a day, through to more complicated cases, which might include discrimination or equal pay claims and which can last for days, if not weeks. Second, I advise clients - be they employees or employers - in conference. It's not unusual to become involved at quite an early stage on the success of a claim or in a proceeding that has already commenced. Third, I give advice in writing. That normally means assisting a party to draft the tribunal forms, especially if it's a complicated case and the solicitor is keen to make sure all aspects have been properly covered." Tim mentions a recent race discrimination case he worked on: "I was acting for the claimant in a case against a large multinational company. It was interesting, especially as during the trial the law on racial victimisation and the burden of proof changed because of a case being heard in the Employment Appeal Tribunal. So we had to grapple with that. And it led to an argument about which was the correct law to apply." This is a defining characteristic of employment law, says Tim: "It changes almost weekly! There are forever new acts of Parliament that are redefining employee rights - it is an area that is much more subject to change than some others." Tim remembers fondly all his successful appearances, but the highlights were "the first times I appeared in the Employment Appeal Tribunal and the Court of Appeal. Those are the things you think about at law school and university - will I ever get to pitch up to the Royal Courts of Justice and argue the law?". Tim also enjoys a little media attention from time to time: "One high-profile case that hit the papers involved a sex discrimination case on behalf of a woman who claimed that she'd been harassed at work. We succeeded and she was awarded £80,000 - a sizeable chunk of money! She did an interview in the local paper where she made a great point of saying how pleased she was with her legal team, but then only mentioned her solicitor. I scoured the report looking for mention of me, but to no avail! But if you do a case and it gets in the paper, that's always nice if you like the limelight a bit." The camaraderie found on the Western Circuit is especially appealing, says Tim: "It is accentuated, perhaps, because it is a smaller group of people and you tend to appear in cases against the same people more than once, whereas in London you could go your entire career not meeting that person ever again. There is an emphasis on trying to remember to be courteous to your opponent, knowing you're likely to rub shoulders again." Less enjoyable is the unpredictability of work and income. Tim explains: "Although ostensibly you have more freedom being self-employed, when you start you're at the beck and call of the clerks and the clients. Even at 10 years' call, there is still an unpredictability to work - you never know how much you'll have from one month to the next, and the ebb and flow of money means that it can be quite hard to plan financially. However, if you can't entertain that lifestyle, then this is not the career for you. You have to get a masochistic pleasure from the rollercoaster that is life at the Bar!" Tim has his own views on the qualities you need to build up an employment law practice: "You need a good legal brain and the ability to cut through the issues, particularly because in some cases you can struggle to see the wood for the trees. You also need to be hardworking because cases are often document-heavy and turn on the facts, and you have to trawl through pages and pages of information. So it also helps to be a quick reader." Employment is also an area that requires well-honed people skills: "You have to be able to relate to people across the whole spectrum: you may be advising a high-flying businessperson or someone who's just lost their job. And there is an emotional element - a person's job can define their identity and people get very upset about problems at work. So a good employment lawyer needs to be able to empathise with the emotional side of things, but keep a clear commercial head. You mustn't lose your sense of objectivity in terms of weighing up the merits of a case." Planning for the type of career you want will pay off, insists Tim: "Try and focus fairly early on the type of chambers you feel you want to develop a practice in, be that in London at a specialist set or somewhere in the provinces that offers a more laidback lifestyle. Once you've identified the chambers, do a minipupillage there to build a link - it really makes a difference when we review applications for pupillage, especially if that person's impressed us as a mini-pupil. Think about location as well; we get applications from people studying in Newcastle or who live in Manchester, and while they're welcome, you do wonder what the geographical point of their application is." In essence, though, you need to keep an open mind about the type of law you can imagine specialising in. Tim explains: "I think it's quite hard to make an informed decision about which practice area might be the one for you. I enjoyed family law at university and did what was essentially a family law pupillage, but it's now the area I do the least of. It's funny how things can take a different course when you're in practice. So approach things with an open mind and perhaps go for a set where you can experience a blend, so that you're then in a position to work out which area is best for you." |
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