What do employment lawyers do?

In this newsletter, we take a look at the broad range of work that employment lawyers can advise on, and we highlight some of the reasons why lawyers find this practice area appealing. But first...

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The role of employment lawyers

Firms may have separate teams that focus on employment, pensions and benefits work, whereas others may combine the three areas.

Transactional employment work

On a transaction, these teams may, for example:

• Review the employment contracts of key executives to ascertain whether those executives can terminate their contracts if the transaction goes ahead.
• Assess whether there are any outstanding employment-related claims or issues that could result in costly disputes.
• Review a target company’s pensions arrangements.

Advisory employment work

On a more standalone basis, employment and benefits lawyers are also typically responsible for:

• Drafting employment contracts and settlement agreements.
• Assisting with employee remuneration and incentivisation strategies (e.g. by helping clients to implement share schemes for key employees).
• Advising on the recruitment and retention of employees.
• Guiding clients through the processes that must be followed when disciplining or dismissing employees.
• Advising clients in relation to their compliance with employment law.

Contentious employment work

In a contentious context, employment lawyers may advise on disputes relating to issues such as discrimination, unfair dismissal, whistleblowing or the soliciting of employees.?

These disputes could reach the Employment Tribunal, which might require the team to produce witness statements, review documents/evidence, write statements of case and engage barristers in preparation.?

Employment/pensions lawyers may also advise on restructurings and insolvencies, especially where these courses of action involve dismissing employees and creating redundancy packages.?

Pensions

Pensions lawyers may be engaged to advise on a broad range of matters, including the implications of actions proposed by the trustees of pensions schemes, and the processes that must be followed when transferring or amalgamating pension schemes.

Why do people enjoy employment law?

The opportunity to get involved in a combination of transactional, contentious and advisory work, whilst gaining exposure to a cross-section of employment, pensions and benefits work, could indicate that this practice area will offer more variety than some of the others.

It could also provide the opportunity to work for a wide range of clients, both on standalone matters and as a specialist advisor on corporate matters.?

Moreover, you might be attracted to employment work on the basis that it has an inherently human element to it, as the work you carry out often directly affects individuals.

From an employment perspective, consider whether you are particularly interested in helping to provide tactical/strategic advice to clients on aspects such as:

• What procedures to follow when firing an employee.
• What to offer employees in settlement agreements in order to avoid (potential) future disputes.
• How to approach negotiations.
• The potential impact of decisions on the client’s reputation.?

In addition, are you interested in the more technical pensions drafting and research, or aspects of employee incentivisation strategies? If so, this practice area may be for you.

For a deeper insight into the role of key practice areas and trainee solicitors, including in the context of acquisitions, complete Commercial Law Academy’s Introduction to commercial law course and A law firm's role on a transaction case study, or pick up the Training Contract Handbook .

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