When to Utilise a Direct Access Barrister: A Guide for HR Advisers

HR professionals often find themselves at the crossroads of complex legal challenges, from wrongful dismissal disputes to discrimination claims. Understanding when to engage a barrister, therefore, can be crucial in effectively managing these issues. 

This article aims to support HR professionals in knowing when an employment barrister would be of use – and exactly how they can ensure effective advice and representation. 

What is a barrister’s role in HR-related legal matters? 

HR teams are, naturally, well-versed in employment law – but there are instances where the expertise of a barrister becomes indispensable. For complex cases such as wrongful dismissal, discrimination, and breach of contract claims, a barrister brings a level of expertise and advocacy that is difficult to match. These cases often involve intricate legal nuances and a deep understanding of case law. 

Barristers are trained in litigation and advocacy, making them well-equipped to handle court proceedings and negotiate settlements. Their role is to provide an objective viewpoint, which can be crucial in high-stakes situations. 

Direct Access Barristers: What are the Benefits? 

Direct access barristers offer a streamlined approach to legal representation. Traditionally, a solicitor would be involved in instructing a barrister, but direct access removes this intermediary step, making the process more efficient and cost-effective. This means HR can engage a barrister directly, saving time and reducing legal fees. 

A direct access barrister can provide targeted advice and representation. For example, in cases of wrongful dismissal, a barrister can analyse the merits of the claim, assess potential defences, and represent the client in tribunal hearings. This direct approach ensures that all parties are on the same page from the outset, leading to a more cohesive approach. 

Using a Barrister for Wrongful Dismissal Claims 

Wrongful dismissal claims require careful navigation. HR advisers should consider recommending a barrister if there is a potential for significant financial implications or reputational damage. A barrister can help build a strong defence by examining the contractual terms and any breaches that may have occurred. 

A barrister can also assist in mediation or negotiation processes, aiming to resolve disputes outside of court. Their expertise can prove invaluable in achieving settlements that are favourable to the employer, thus avoiding protracted legal battles. 

Using a Barrister for Discrimination Claims  

Discrimination claims pose unique challenges, often on account of their sensitive nature. An employment barrister can bring an in-depth understanding of the most up-to-date legislation, ensuring that clients are fully compliant with anti-discrimination laws. 

Using a Barrister in Breach of Contract Claims 

Breach of contract claims require a detailed examination of employment agreements. HR advisers should consider engaging a barrister when there is ambiguity in contract terms or when facing a particularly high-value claim. A barrister can meticulously review contracts, identify breaches, and advise on possible remedies. 

By recommending a barrister, HR advisers can offer ensure a strategic advantage for clients’ legal disputes. Barristers bring a wealth of experience and specialised knowledge that can influence the direction and outcome of a case, and their involvement signals a commitment to resolving disputes efficiently and effectively. 

Additionally, having a barrister on board lends credibility to the client's position, demonstrating a serious commitment to addressing the issue at hand. This can be particularly beneficial in negotiations, where the presence of a barrister may encourage opposing parties to settle.