Background & Career Journey
1. How did you start out, did you always know you wanted to be a solicitor?
Being a solicitor is actually my second career, I was in the insurance industry for about 7 years after graduating from university. However, I had done a bit of law during my academic years and my mum went through a big employment law case as well in the late 90s.
Once I decided I wanted to change careers, not only becoming a solicitor was at the top of the list, but I pretty much knew from day one that I wanted to concentrate on employment law if possible.
2. How long have you been practising employment law?
I started in early 2006 as part of my solicitor training contract and qualified in March 2007, so nearly 20 years.
3. For anyone considering a career as an employment law solicitor, what advice would you give them?
Get yourself along to your closest employment tribunal and watch a few cases. The vast majority of hearings are open for anyone to go along, sit at the back and it will give you a taste of what type of issues we deal with as well as process and procedure.
Employment Law & HR Challenges
4. What are the most common employment law issues you see HR teams struggling with right now?
In the last 6 months we have seen a rise in redundancy consultations and disputes unfortunately. Alongside that, I would say whistleblowing and sexual harassment are continuing to grow in terms of the number of cases. One other thing to mention, data subject access requests are being made more and more by prospective claimants, not only to obtain data they think the employer will have that they do not currently possess, but unfortunately to cause as much disruption and inconvenience as possible.
5. How can HR leaders stay on top of ever-changing employment legislation without feeling overwhelmed?
Subscribe or check regularly websites and LinkedIn that do regular blogs and newsletters. We do them here at View HR. I always think ‘little and often’ is key to not feeling overwhelmed, try and schedule a bit of time each week, say half an hour, to doing some research. Also, if you do subscribe to a good blog or newsletter, they should keep you up to date with key changes. Attending seminars perhaps once or twice a year will help a lot as well.
6. How should HR approach documentation and record-keeping to protect both the business and its employees?
Accurate documentation and good record-keeping are no longer just good practices, they are now a legal and strategic necessity. Employers should ensure documentation is created contemporaneously and records are centralised, not left in individual inboxes or devices. Policies should specify retention periods aligned with legal risk, not just GDPR minimisation. Finally, HR and line managers need to know what to record, when, and why.
7. When should HR involve an employment solicitor and when can issues be managed internally?
HR experts should be able to deal with disciplinaries, grievances and redundancy procedures internally, although some do require assistance with something out of the ordinary or with drafting letters and scripts for meetings. I would say an employment solicitor should be engaged as soon as there is a dispute that could reasonably lead to employment tribunal proceedings or if a settlement agreement is on the cards. Many of my clients will also contact me on an ad-hoc basis to check the legal position on matters, particularly tricky situations, such as unusual holiday pay questions or when the employment status of an individual is not clear.
Contracts, Policies & Hybrid Working
8. What clauses should every employer include in contracts to safeguard the business in today’s flexible and hybrid work environment?
The short answer is those clauses that are highlighted in section 1 of the Employment Rights Act 1996, as they are legally required. However, that is not the whole answer these days. Employers should ensure they have mobility clauses when it comes to where people work, as well as working from home policies. The key point is to be consistent with the way people are treated and, if a flexible working request cannot be met, have good business reasons recorded that can be explained to the employee.
9. What’s your advice for HR teams updating staff handbooks or policies to reflect modern working practices?
With employment law changing so quickly at the moment, and certainly over the next 2-3 years with the Employment Rights Bill, my advice is to keep an eye on updates we will be putting out regularly and be proactive with any amendments that need to be made. Seek advice early if you are unclear what needs doing to minimise risk in this challenging environment.
Employee Relations & Company Culture
10. What’s the best way for employers to handle underperformance or misconduct without risking claims?
Firstly, having good policies in place for disciplinary and grievance issues. Then, acting consistently within the bounds of those policies. There is nothing worse than when an employee can say “you are treating me differently, Joe Bloggs there has done exactly the same thing before, and you didn’t do anything about it.” Ensure management is trained to be able to handle disciplinaries and grievances or at least use reputable third-party specialists to assist you. Finally, always keep good communication open with the employee, no matter the circumstances.
11. Are there particular red flags that suggest an issue is likely to lead to a tribunal claim?
One big one is when employees get lawyers involved! Another is if they approach ACAS for conciliation. A third is if they start using certain language, such as “I think I may be constructively dismissed” or “you are discrimination against me on the grounds of sex, race, disability, age, etc.” However, my advice to employers is that they should always consider that any dispute that is more than just minor, or if they are dismissing someone, could always lead to a tribunal claim and act accordingly, to minimise the risk of that being successful.
Future Trends & Legal Evolution
12. What upcoming legislative changes should HR professionals prepare for in 2025 and beyond?
The Employment Rights Bill, introduced by the government in October 2024 and still going through parliament, is due to introduce a lot of change. This includes:
- Day 1 rights for unfair dismissal (subject to a statutory probationary period)
- Ending ‘fire and re-hire’
- Guaranteed hours offer for zero-hour workers
- Protection from third-party harassment
- Flexible working request changes
- More enhanced family friendly rights, particularly bereavement, paternity and parental leave
- More restrictions on dismissing pregnant workers
- Statutory sick pay changes
- Collective redundancy consultation changes
- Extensive amendments to trade union rights
13. How do you see employment law evolving in relation to AI, data protection, and workplace monitoring?
AI has already made a massive difference to employment law in the fact that many solicitors are using it to draft documents, advise on cases and make decisions. Personally, I think it should be used with some caution. It is a brilliant assistant but it should not be relied upon. I have tested it on a number of occasions and it has come up with the wrong answer, even making up cases! Where it is good is giving you the basis for templates and making decisions, saving you time. However, ultimately it is not empathetic nor does it understand context, so us human solicitors still need to have a big input.
As far as data protection is concerned, unfortunately we are seeing it used more and more as a ‘weapon’ when it comes to data subject access requests. People are making extensive and complicated requests as part of grievances or when they think they may have a legal case, not to genuinely obtain relevant information that is not in their possession, but to simply cause as much inconvenience and cost to the employer as possible. There has been some recent changes to help employers but there are now more and more specialist companies whose full-time work is helping with data subject access requests.
Workplace monitoring has been a common practice for many years now and I advise employers to have detailed IT, email and internet monitoring policies. The right to privacy is still relevant and employers have to ensure they are acting appropriately and on the right side of the line when it comes to this area.
Practical Advice for Managers & Leaders
14. If you could give one piece of advice to a hiring manager before they make a job offer, what would it be?
Really understanding your company’s culture and goals as much as possible. This will help you find the right person for a role.
15. What are the legal essentials every line manager should know, even without formal HR training?
The basic rights employees have, i.e. unfair dismissal and discrimination rights. My advice is actually to know when to ask for help. As managers, you are not expected to be HR and employment law experts and it is better to ask rather than make, what could be, an expensive mistake. No question is a stupid question in this area!
16. What’s one proactive step leaders can take today to reduce the risk of employment disputes later?
Implement a clear and comprehensive risk management strategy. This involves identifying potential risks, assessing their likelihood and impact and developing strategies to mitigate them.
Insights from Experience
17. What’s the most surprising or misunderstood aspect of employment law that you often need to clarify for clients?
The most misunderstood aspect of employment law currently is holiday pay! Unfortunately, recent legislation and case decisions have made the area a minefield and many employers are simply getting it wrong, potentially storing up big issues for the future.
