An employment lawyer advises employers, employees, senior executives and sometimes trade unions on the law governing the workplace. The work covers employment contracts and policies, recruitment and dismissal, discrimination and harassment, whistleblowing, pay and working time, redundancies and restructurings, restrictive covenants, workplace investigations, and the employment aspects of business sales and outsourcing. It’s a mix of advisory, transactional and contentious work: employment lawyers draft documents and give practical advice, negotiate settlements and represent clients in employment tribunals in the UK or in courts and agency proceedings in the U.S., where the field is often called labor and employment law. You become an employment lawyer by qualifying as a solicitor, barrister or attorney and then specialising through training seats, early practice or in-house roles.
This guide is for law students, trainees, paralegals, HR professionals considering law and junior lawyers. It explains what employment lawyers do for different clients, the main areas of work, a typical day, the skills required, how to get into the field in the UK and U.S., career paths, pay and the pros and cons.
What employment lawyers do
| Area | Typical work |
|---|---|
| Contracts and policies | Employment contracts, handbooks, remote working and other workplace policies |
| Hiring and onboarding | Right-to-work checks, offer letters, worker status issues |
| Performance and discipline | Advising on capability and misconduct processes |
| Dismissals | Unfair or wrongful dismissal risk, settlement agreements |
| Discrimination and harassment | Advising on equality law, investigating complaints, defending or bringing claims |
| Whistleblowing | Protecting whistleblowers and handling disclosures |
| Pay and benefits | Equal pay, holiday pay, bonuses, incentive schemes |
| Restructuring | Redundancies, collective consultation, changes to terms |
| Business transfers | Employee transfers when businesses are sold or services outsourced |
| Restrictive covenants | Non-compete and non-solicitation clauses, team moves, injunctions |
| Investigations | Workplace investigations into complaints or misconduct |
| Litigation | Tribunal or court claims, mediation and settlement negotiations |
| Immigration (sometimes) | Work visas and sponsorship, often in a separate team |
Employment law changes often, through legislation, case law and new government guidance, so employment lawyers spend significant time keeping clients updated.
Acting for employers vs employees
Many employment lawyers specialise in one side:
| Employer-side | Employee-side (claimant) | |
|---|---|---|
| Typical clients | Companies, public bodies, charities | Individual employees, senior executives |
| Main work | Policies, risk management, restructurings, defending claims | Advising on rights, negotiating exits, bringing claims |
| Where | Many commercial firms and in-house teams | Specialist firms, high-street firms, some large firms’ executive teams |
| Funding | Paid by organisations | Private fees, insurance, conditional or contingency arrangements depending on jurisdiction, unions |
Senior executive work, advising directors and senior managers on contracts and exit packages, often sits in between and can be well paid.
A day in the life (hypothetical)
Here’s an illustrative day for a three-year qualified employment solicitor on the employer side:
- 9:00 Call with an HR director about a senior manager facing allegations of bullying; advises on suspension and an independent investigation.
- 10:30 Drafts a settlement agreement for a departing employee, negotiating terms with the employee’s solicitor.
- 12:00 Reviews a client’s new hybrid working policy and suggests changes for clarity and legal compliance.
- 14:00 Prepares witness statements for a tribunal hearing on an unfair dismissal claim.
- 15:30 Advises a business buying a competitor on which employees will transfer and what consultation is required.
- 16:30 Writes a short client briefing on a recent change in employment law.
The day combines practical advice, drafting, negotiation and dispute preparation, often with HR teams as the main contact.
Skills employment lawyers need
- People skills. Employment issues are personal and often emotional. Lawyers must handle sensitive situations with tact, whether advising an employee who has lost their job or an employer facing a difficult complaint.
- Practical judgement. Clients want workable advice: how to manage risk while running a business or protecting their career.
- Clear communication. Explaining legal risks to HR teams, managers and individuals in plain language.
- Negotiation. Many employment disputes settle; negotiating fair terms is central.
- Advocacy. In the UK, solicitors often present cases in employment tribunals, alongside barristers.
- Drafting. Contracts, policies, settlement agreements and tribunal documents.
- Keeping up to date. Frequent legislative and case law changes.
- Investigation skills. Gathering facts fairly and documenting findings carefully.
How to become an employment lawyer
In England and Wales
- Qualify as a solicitor through the SQE route or as a barrister. Our guides to the SQE route and solicitors vs barristers explain the steps.
- Choose an employment seat or seek QWE in an employment team.
- Gain tribunal exposure through pro bono or advice organisations, such as employment advice clinics.
- Consider HR experience, which gives practical insight into workplace issues.
In the United States
- Complete a JD and pass the bar exam.
- Join a labor and employment group at a law firm, a plaintiff-side employment firm, a government agency dealing with workplace rights, or an in-house team.
- Gain experience in litigation, counselling and workplace investigations.
Experience that helps
- Employment law modules and moots.
- Volunteering at employment advice services.
- HR or people operations roles.
- Paralegal roles in employment teams. Our paralegal career guide explains how these roles work.
Career progression
| Stage | Typical responsibilities |
|---|---|
| Trainee / junior associate | Research, drafting first versions, preparing tribunal bundles, attending hearings |
| Associate | Advising HR teams directly, running claims, drafting settlement agreements |
| Senior associate | Complex disputes, restructurings, senior executive matters, supervising juniors |
| Partner / legal director | Client relationships, strategic advice, high-profile disputes |
| In-house | Employment counsel, head of employment legal, HR legal adviser |
Employment lawyers often move in-house, sometimes into roles that combine legal work with HR leadership. Our guide to law career progression covers promotion in private practice.
Pay
The U.S. Bureau of Labor Statistics reports a May 2025 median of $159,670 for lawyers, with the lowest 10% earning less than $78,360 and the highest 10% more than $351,600 (BLS). The BLS doesn’t publish an employment-specific figure. Employment lawyers at large firms representing major employers typically earn more than those at smaller firms or in claimant-side and public interest roles, though successful plaintiff-side practices can also be lucrative. In the UK, pay varies widely between City, national, regional and high-street firms.
Employment law and HR: how they differ
Employment lawyers and HR professionals work closely together, but their roles differ. HR teams manage people processes day to day: recruitment, performance management, policies, employee relations and culture. Employment lawyers advise on the legal risks of those processes, handle disputes and draft legally binding documents. Some HR professionals qualify as lawyers later in their careers, and some employment lawyers move into senior HR or people leadership roles. If you’re unsure which suits you, consider whether you prefer advising on legal risk and disputes or running people processes and strategy.
Employment tribunals and courts
In England and Wales, most employment disputes are heard in the employment tribunal, a specialist forum with its own procedures, time limits and approaches to costs. Claims commonly include unfair dismissal, discrimination, whistleblowing detriment and unpaid wages. Before bringing most tribunal claims, claimants usually must go through early conciliation with Acas, the government-funded advisory and conciliation service, which gives parties a chance to settle. Appeals on points of law go to the Employment Appeal Tribunal and beyond. Some claims, such as large breach of contract or restrictive covenant disputes, are heard in the civil courts.
In the U.S., employment claims may involve federal and state laws, administrative charges with agencies before lawsuits in some cases, arbitration under employment agreements, and litigation in state or federal courts. Labor law, covering unions and collective bargaining, has its own framework and agencies.
For junior lawyers, tribunal work offers early advocacy and client contact, because hearings are often shorter and less formal than in the civil courts.
Key issues shaping employment law
Employment lawyers currently spend significant time on:
- Flexible and hybrid working policies and requests.
- Worker status, such as whether gig economy workers are employees, workers or self-employed.
- Equality and inclusion, including pay gap reporting and harassment prevention.
- Whistleblowing and workplace investigations, often under public scrutiny.
- Restructuring and redundancies, especially in economic downturns.
- Technology in the workplace, including monitoring, data protection and AI in recruitment and management.
- Legislative change, which can significantly alter employer obligations and employee rights.
Following these themes helps in interviews and demonstrates commercial awareness.
Pros and cons of employment law
Pros
- Work that affects people’s lives directly.
- A mix of advisory, transactional and contentious work.
- Early advocacy opportunities in tribunals.
- Strong demand from employers of every size and in every sector.
- Good in-house and HR crossover options.
Cons
- Emotionally charged cases and difficult conversations.
- Frequent legal changes to keep up with.
- Claimant-side work can be financially uncertain.
- Some matters are high volume and repetitive.
A worked example: advising on a redundancy (hypothetical)
A manufacturing client tells its employment lawyer that falling orders mean it needs to cut twenty roles at one site within three months. The lawyer’s first step is to understand the business reasons and confirm that a genuine redundancy situation exists. Next, they check whether the numbers trigger collective consultation obligations, which in the UK apply when an employer proposes to dismiss twenty or more employees at one establishment within a set period, and which require consultation with employee representatives and notification to the relevant government department within set timescales.
The lawyer then helps the client design a fair process: defining the pools of employees at risk, agreeing objective selection criteria such as skills and performance records, and checking that the criteria don’t indirectly discriminate, for example against part-time workers or employees on maternity leave. They draft consultation letters, prepare scripts for managers holding individual meetings, and advise on alternatives such as voluntary redundancy, reduced hours or redeployment. They also calculate statutory redundancy pay and notice, and review contracts for enhanced redundancy terms.
Throughout, the lawyer balances legal risk with practical realities. A rushed process that skips consultation can lead to tribunal claims and protective awards, while a well-planned process reduces legal exposure and treats employees fairly, which matters for morale among those who stay. Finally, the lawyer prepares the client for possible appeals and claims, ensuring records of each decision are kept. This mix of legal analysis, process design, drafting and people-focused advice is typical of employer-side employment work.
An employee-side lawyer handling the same situation would focus on whether the selection was fair, whether consultation was meaningful, whether suitable alternative roles were offered and whether the redundancy was a cover for an unfair or discriminatory dismissal. They might negotiate an enhanced settlement for the client in return for waiving potential claims, which is a common outcome.
Seeing the same facts from both sides is good practice for any employment lawyer, because it sharpens judgement about where the real risks lie and what a reasonable settlement looks like.
Common mistakes junior employment lawyers make
- Giving purely legal answers when clients need practical, step-by-step guidance.
- Missing time limits, which in employment claims can be short.
- Underestimating the emotional dimension, especially with individual clients.
- Poor documentation of advice in sensitive matters.
- Not keeping up with changes in legislation and case law.
FAQ
What does an employment lawyer do?
They advise employers or employees on workplace rights and obligations, draft contracts and policies, handle disputes, negotiate settlements and represent clients in tribunals or courts.
Do employment lawyers go to court?
Often, especially in the UK, where employment tribunals give solicitors and barristers regular advocacy opportunities. Many cases settle before a hearing.
Is employment law a good area for trainees?
Yes. It offers client contact, drafting, negotiation and early tribunal experience, and it’s in demand across many types of employer.
Can HR professionals become employment lawyers?
Yes. HR experience is valuable, and HR professionals can qualify through routes such as the SQE in England and Wales or law school in the U.S.
Takeaway
Employment lawyers help employers and employees navigate workplace rights and obligations, from contracts and policies to dismissals, discrimination claims and restructurings. The work combines legal analysis with people skills, practical judgement and early advocacy. Qualify through the route that fits your jurisdiction, seek employment seats and advice clinic experience, and stay close to fast-moving legal changes. For an overview of other practice areas, see our legal career guide.
