If you are facing a dispute at work, you may assume your only route to specialist legal help runs through a solicitor. That is no longer the case. Through Direct Access, also known as Public Access, you can instruct a barrister directly, without going through a solicitor first. For many people bringing or defending an Employment Tribunal claim, this can be a clear and cost-effective way to get expert advice and representation.
This article explains how Direct Access works for Employment Tribunal claims, what a barrister can do for you, the time limits you need to be aware of, and how to prepare. It is general information rather than legal advice, so treat it as a starting point for understanding your options.
What an Employment Tribunal deals with
Employment Tribunals decide disputes between workers and employers. Common claims include unfair dismissal, discrimination on grounds such as sex, race, disability, age or religion, unlawful deductions from wages, and disputes about redundancy or holiday pay.
Tribunal proceedings are less formal than the ordinary courts, but they still follow set rules and procedures. There are documents to prepare, deadlines to meet, evidence to gather and, often, a hearing at which witnesses give evidence and arguments are made. Getting the procedure right matters as much as having a strong case on the facts.
How Direct Access works
Barristers are specialist advocates and legal advisers, regulated by the Bar Standards Board (BSB). Traditionally they were instructed by solicitors, but Direct Access allows members of the public and businesses to approach a suitable barrister themselves.
In practice, this usually means:
- You contact a barrister or a clerk and explain your situation.
- The barrister considers whether the case is suitable for Direct Access and whether they can help.
- You agree the scope of the work and the basis of any fees before the work begins.
- The barrister advises you, prepares documents, or represents you at hearings, depending on what you have agreed.
Not every case is suitable for Direct Access, and a barrister will tell you if your matter would be better handled with a solicitor involved, for example where there is a large volume of documents to manage or extensive investigation to carry out. Where Direct Access does work, it can reduce cost by removing a layer from the process.
What a barrister can do for your claim
A barrister with employment experience can help at several stages. Early on, they can review the strengths and weaknesses of your case, advise on the merits, and give a realistic view of what your claim might be worth. That advice can be valuable whether you are deciding to bring a claim, considering a settlement, or defending one as an employer.
A barrister can also help you draft or respond to the tribunal documents, prepare for a hearing, and act as your advocate at the tribunal itself. Having someone who regularly appears before tribunals can make a real difference to how clearly your case is put.
Time limits you must watch
Time limits in employment cases are short and strict, so this is the part to act on quickly. Many claims, including unfair dismissal and discrimination, must generally be started within three months less one day from the act you are complaining about. Miss the deadline and you may lose the right to bring the claim at all.
Before you can issue most tribunal claims you normally have to go through Acas early conciliation, a process designed to help the parties settle without a hearing. Starting early conciliation can extend the time limit, but the rules on how it affects your deadline are technical.
Because the calculations can be complex and the consequences of getting them wrong are serious, the safest approach is to check the relevant time limit promptly and take advice as early as you can rather than waiting.
Preparing to instruct a barrister
You can make the process smoother, and often cheaper, by gathering your key information before you make contact. Useful things to have ready include:
- A short written summary of what happened and the key dates.
- Your contract of employment and any staff handbook or relevant policies.
- Payslips, letters, emails or messages that relate to the dispute.
- Any dismissal or grievance correspondence.
- Details of any Acas early conciliation you have already started.
With this information to hand, a barrister can assess your position more efficiently and give you a clearer view of your options and likely costs.
In summary
An Employment Tribunal claim can feel daunting, but you do not have to navigate it without specialist help, and you do not necessarily need a solicitor to get that help. Through Direct Access you can instruct a barrister regulated by the Bar Standards Board to advise on your case, prepare your documents and represent you at the hearing. The single most important step is to act on the time limits early, because once a deadline passes it may be too late. If in doubt, seek advice promptly so you can make informed decisions while your options are still open.
This article is general information about the law in England and Wales, not legal advice on your individual circumstances. For advice on your matter, instruct a barrister. Barristers are regulated by the Bar Standards Board (BSB).