Employment · Public Access · BSB regulated

Direct access employment barrister.

Specialist employment law counsel for employees and employers, instructed directly on the Bar Standards Board public access scheme. Fixed fees, no solicitor in the middle, Employment Tribunals across England and Wales.

A direct access employment barrister is, for most workplace disputes, the most efficient way to get senior, specialist legal advice and Employment Tribunal advocacy without funding a full solicitor file alongside. You instruct a barrister directly under the Bar Standards Board public access scheme, the fees are quoted up front in writing, and one specialist takes the matter from first conference through to settlement or final hearing.

Clerk&Counsel is an independent clerking agency placing direct access employment counsel across England and Wales. We are not chambers in our own right. We are clerks who route employment instructions to the right access barrister for the case. Every barrister we instruct is regulated by the Bar Standards Board, holds a current practising certificate, carries professional indemnity insurance and has completed the public access course that allows them to take instructions directly from employees and employers.

Need an employment barrister?

Please contact our clerks with a short summary of the parties, the issue and the next key date. We will come back with shortlisted public access counsel and a fixed fee in writing, usually within 24 to 72 hours.

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Employment law areas covered on direct access

Employment law for employees and employers, taken directly.

Unfair dismissal

Ordinary and automatically unfair dismissal claims, fairness of process, polkey arguments and contributory conduct, schedules of loss and remedy hearings.

Discrimination

Claims under the Equality Act 2010 covering age, disability, race, sex, religion, sexual orientation, gender reassignment and pregnancy, including harassment and victimisation.

Constructive dismissal

Repudiatory breach analysis, last straw cases, grievance handling and resignation strategy before issuing in the Employment Tribunal.

Whistleblowing

Protected disclosure claims, detriment and dismissal for making a protected disclosure, interim relief applications.

Settlement agreements

Independent legal advice on settlement agreements for employees and drafting and negotiation support for employers.

Restrictive covenants

Injunction work in the High Court and County Court, springboard relief and damages for breach of post-termination restrictions.

Redundancy and TUPE

Collective consultation, selection criteria, suitable alternative employment and TUPE transfers including ETO defence.

Wages and holiday pay

Unlawful deduction of wages, holiday pay calculation following Harpur Trust and series of deductions disputes.

ET1 and ET3 drafting

Drafting and settling tribunal pleadings, further and better particulars, and case management orders.

Why public access works for employment

One specialist, one fixed fee.

Employment Tribunal work is well suited to the public access scheme. The procedural framework is designed to be navigable by litigants in person, costs orders are the exception rather than the rule, and the cases turn on focused legal advice, careful pleadings and effective cross-examination of a small number of witnesses. That is precisely what a direct access barrister is trained to deliver.

The traditional model is to instruct a solicitor who runs the file day to day and then briefs counsel for the hearing. You pay two professionals to do the work of one. On a public access basis you deal with the barrister directly. The barrister advises in conference, drafts the ET1 or ET3, prepares the schedule of loss, attends the Preliminary Hearing, agrees the bundle and conducts the final hearing. For the great majority of unfair dismissal and discrimination claims that is faster, leaner and substantially cheaper.

What an access barrister cannot do, unless separately authorised to conduct litigation, is correspond with the tribunal in your name. In Employment Tribunal proceedings this is rarely a practical issue. The barrister tells you exactly what to file, when to file it and what to say. Where a case genuinely needs a solicitor for heavy disclosure, mass employee actions or a parallel High Court injunction, the clerks will say so up front rather than take on instructions the access scheme is not suited to.

How to instruct a barrister

From first contact to fixed fee in 24 to 72 hours.

Please complete the form

A short note of the parties, the issue and any deadline such as the ACAS Early Conciliation date or a listed hearing. Attach the dismissal letter, ET1 or any orders already made.

Clerks shortlist counsel

We identify public access employment specialists with the right seniority and availability, and confirm a fixed fee for the defined piece of work.

Client care letter

A BSB compliant client care letter sets out the scope, the fee, the timetable and how the barrister and clerks will communicate with you.

Work begins

Fees are paid in advance into the chambers client account, and counsel begins work. You deal with the barrister directly from that point on.

FAQs

Common questions on public access employment work.

What is a direct access employment barrister?

A direct access employment barrister is a specialist employment law advocate authorised by the Bar Standards Board under the Public Access scheme to take instructions directly from members of the public. That means employees and employers can instruct a barrister without going through a solicitor first, for legal advice, drafting and Employment Tribunal advocacy on a fixed fee agreed in writing.

What kinds of employment cases can be handled on public access?

Public access counsel routinely advise on unfair dismissal, constructive dismissal, redundancy, whistleblowing, discrimination on the grounds of age, disability, race, sex, religion and sexual orientation, equal pay, harassment, TUPE, restrictive covenants and settlement agreements. The access scheme is well suited to one-off advice, drafting an ET1 or ET3, preparing for a Preliminary Hearing or appearing at the Employment Tribunal final hearing.

How much does a direct access employment barrister cost?

Fees are quoted as fixed amounts before any work begins, set out in a BSB compliant client care letter. A written merits advice typically ranges from £450 to £1,200, drafted ET1 or ET3 pleadings from £600 to £1,800, and a one day Employment Tribunal hearing from £1,200 to £3,500 depending on counsel's seniority and the complexity of the issues. There is no hourly meter.

Can employers as well as employees use direct access?

Yes. The Public Access scheme is open to both employees and employers. Small businesses and HR teams frequently instruct access barristers directly to defend tribunal claims, draft ET3 responses, advise on disciplinary and grievance procedures, settle restrictive covenant disputes and negotiate settlement agreements without paying for a full solicitor file alongside.

How do I instruct a barrister through Clerk&Counsel?

Please complete the form on our find counsel page with a short summary of the parties, the issues and the next key date such as the ACAS Early Conciliation deadline or the listed hearing. The clerks will shortlist suitable Public Access employment counsel, confirm availability and a fixed fee in writing, and issue the client care letter for signature, usually within 24 to 72 hours.

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