Trainee Talks: Exploring Employment Law
A few months ago, my colleague Anisa Khan wrote about what it is like working as a trainee in our Wills and Estates team (which you can read here); I’d like to share some information about the same role, but from the perspective of another team. A seat working with employment law is not mandatory for Thompson Smith and Puxon trainees and I am the first of my cohort to work in this department. This is my first impression…
Almost everyone will be employed at some point in their lives. I have always had an interest in employment law (so I can be secure in my knowledge of the rights and responsibilities owed to me!) and while I now know much more as an employee I also have learnt about the wide range of issues covered by employment lawyers.
The TSP team has two Solicitors in it; a Director, a Solicitor with two years’ PQE plus a Trainee Solicitor (me) and a legal secretary.
As a trainee it is useful to work with solicitors of different levels of experience; not only do you get the expertise that come with the experience but also useful insight into what it will be like at different stages of a qualified solicitor’s career.
Employment is slightly unusual seat as it can be both contentious and non-contentious. We generally work for employers on contentious matters, defending them from a variety of cases such as unfair and wrongful dismissal, discrimination claims and whistle blowing allegations. The trainee’s work can include creating bundles for tribunal hearings, research into various areas of law; preparing applications; creating chronologies and even attending hearings (which I was lucky enough to do in my first week in the department!).
For non-contentious matters, we advise clients on issues arising from the employment relationship and we draft contracts and staff policies. The team also delivers training to employers about the practical aspects of their legal duties and sometimes we write settlement agreements when staff leave a business or we advise individuals who have received one from their employer. Trainees carry out research and draft policies and settlement agreements, we sit-in on calls with clients to experience the kind of queries come up and help work out answers. We are encouraged to get to know the clients because so much of the work of an employment lawyer is about managing the human relationships; as my principal says; winning arguments is expensive but not having an argument in the first place is the aim.
The solicitors in this team encourage me as the trainee to get involved with the work and when given tasks encouraged to ensure I know ‘why’ we are being asked by our client to do something and why the task in which I am involved is relevant. It has been drummed in to me to ensure that the ‘why’ is front and centre as I go about the work. The team makes time to go through my work with me and answers any questions I have.
Employment law is always changing, especially with the new government’s Employment Rights Bill and the new fiscal policies that have been announced in the last budget. I am currently assisting the team working out where the major changes to law will be found and they will be working with the clients to ensure that they do not inadvertently expose themselves to any unnecessary risks.
In summary, as an employment trainee, I have been kept on my toes and exposed to a wide variety of law and human behaviour!