What attracted you to Employment Law?
I can honestly say that I love being an employment lawyer. It is so varied and the issues you deal with change constantly, something I find particularly appealing. It is one of the few legal disciplines that is both contentious and non-contentious. In a week, I can be in an employment tribunal representing a client in a sex discrimination case, advising on the people aspects of a sale of a business, responding to an application by a trade union for information for collective consultation in the Central Arbitration Committee, carrying out an investigation into whether an employee has breached their regulatory responsibilities or advising a client on the termination of the company’s CEO and dealing with the mechanics of a replacement.
It is also an area of law that moves and develops at a rapid pace whether it is new legislation to cope with changing attitudes to the working environment and/or to reflect strongly held political beliefs of the incumbent government on the direction that employment policy should take. And then, when you think it is all settled, along come the judges who are particularly active in the employment field to validate (hopefully) whether the stance you have taken on a piece of legislation is correct or not.
But what really motivates me above all and what really brought me into the employment arena was the people side of things, the issues that they are dealing with or the stories that each individual has to tell. I would love to say more, but we all know that is not possible!!
What is the biggest growth area in Employment Law/ what does the future of Employment Law look like to you?
Certainly, the biggest cause for growth will be the Labour Party! They have promised “the biggest upgrade to workers’ rights for a generation”. This includes a “New Deal for Working People” within their first 100 days (ie by 12 October 2024). Whilst it will inevitably take longer than this for legislation to be implemented and regulations to be updated, it does signal the government’s intentions to start the process sooner rather than later. To that end, the new government confirmed in the Kings Speech on 17 July 2024 that it will be bringing forward an Employment Rights Bill that will ‘ban exploitative practices and enhance employment rights’.
One of the more contentious proposals is the prospect of day-one rights for unfair dismissal (subject to a probationary period). One inevitable consequence of this would be an increased number of tribunal claims. Another consequence is that, prior to the introduction of new laws, employers may move quickly to terminate so called “poor performers” with less two years qualifying service before these employees acquire additional employment rights.
Outside of the government’s proposals, disability discrimination is one of the areas that really continues to grow particularly as people increasingly raise issues related to “invisible” disabilities. It is also, in my view, one of the most difficult areas HR practitioners face, especially when it comes to making reasonable adjustments in the workplace.
What does the future hold? It is certainly going to be an interesting and busy time for all employment lawyers and HR practitioners who are going to have their hands full over the next few years.
If you could change one thing about the law, or within Employment Law what would it be?
I would like to see more resources put into the Employment Tribunal system, which remains under considerable pressure despite recent steps to provide more judges and resources. As it currently stands, the process can still be incredibly slow and there can be significant delays (sometimes years) between a claim being initiated to a final hearing being heard and/or judgement being received. This is unfair to all parties and does not reflect well on the judicial system.
What is your proudest professional moment?
There have been many highlights, such as helping a television production company relocating to Salford and winning tribunal claims and having them upheld on appeal.
All of that said, having a client say in the legal directories that I was one of the best employment lawyers in the country was also pretty cool!
What is the most rewarding/exciting part of your job?
In terms of excitement, I think receiving the Tribunal Judgement on a case I’ve presented is certainly up there; the butterflies as I start to read it and the joy and relief when (or if!) I have won on all material issues is always an amazing feeling!
Regarding rewarding moments, I think this has to go to helping my clients through difficult times and giving support at crucial moments. A case in point revolves around managing difficult employees.
There is a saying that 80% of managers’ time is spent managing 20% of their staff and whilst the statistics may vary, I find that a disproportionate amount of my employer clients’ time might be spent on just a few employees. In some case, this is a positive thing and spending that extra time is worthwhile producing exceptional employees. In other cases (and this is where I usually come in), it can just be a negative experience draining both time and resources and sometimes affecting morale. Helping my clients achieve a successful resolution in those circumstances can be very satisfying.
Why did you choose to join Brecher?
From the moment I met the senior management team, I felt that our ethos and views were aligned, and the challenge of developing an employment team in a prestigious firm such as Brecher in Mayfair was just too good to miss!
What’s the best piece of advice given to you?
When I was at the Bar, a now KC gave me the best advice ever when it comes to preparing for a trial “Preparation is key, know your case inside out and be able to explain it in the simplest of terms.” Blindingly obvious but also so true!
If you could listen to just one song for the rest of your life what would it be?
I am not sure I could listen to just one song for the rest of my life. But as they are just back together, I think I will go with “Wonderwall” by Oasis.
If you weren’t a lawyer what would you be?
A crime novelist. Being an employment lawyer can involve advising on criminal acts (such as theft, assaults, harassment or drugs) and that can produce some incredibly interesting cases so being a crime novelist would not be too much of a stretch!
A Netflix series you would recommend?
The Gentleman, Guy Ritchie, is growing on me. That said, and this comes as a shock even to me as I write it, but I actually enjoyed parts of “Emily in Paris.” What can I say!
