When Should You Speak to an Employment Lawyer? A Guide for Employees
Most people assume that speaking to an employment lawyer means things have already gone badly wrong, that you only call one once you've been dismissed, or once you're standing outside a tribunal. In reality, the most useful time to speak to someone is usually much earlier than that, while you still have options and before anything's been decided.
Getting advice early doesn't mean starting a fight. Most of the time, it means understanding where you stand, so that whatever happens next is a decision you're making with your eyes open, and is not something that just happens to you.
Signs it might be worth a conversation
You don't need to be certain something's gone wrong to justify a chat. It's usually worth speaking to someone if:
You've been invited to a "quick catch-up" or "informal chat" that doesn't feel quick or informal, and you're not sure what it's really about.
You've been handed a settlement agreement and told you have a short window to sign it – see here for more information.
You've been put on a performance improvement plan which you disagree with, and the targets or timeline feel unrealistic, or you suspect it's really about something else.
You're being treated differently since coming back from sick leave, maternity or paternity leave, or since disclosing a health condition, disability, or pregnancy.
You're facing a disciplinary process and aren't sure what a fair process looks like, or how best to present your defence.
You've raised a concern or made a complaint and feel like you've been treated worse since, for example you’ve been sidelined, excluded, or quietly pushed to the edges.
You're thinking about resigning because things have become unbearable, and you want to understand your options before you do.
You've heard whispers of redundancy or restructuring and don't know where you stand.
None of these automatically mean something unlawful has happened. But all of them are situations where knowing your legal position (rather than guessing at it, or working from what a colleague told you happened to them) makes a real difference to what you do next.
What speaking to a lawyer early actually looks like
Early advice is usually a conversation to help you understand:
What your realistic options are, in plain English, not legal jargon.
Whether what's happening to you sounds like it could be unlawful, or whether it's unfair but not something the law can help with (which is an important and often misunderstood distinction).
What a fair process should look like, so you can recognise if the one you're in isn't one.
How to protect yourself in the meantime; what to keep a record of, what to say (and not say) in writing, and what to avoid agreeing to before you've had a chance to think it through.
You don't need to have made any decisions yet. Most people come in not knowing whether they want to raise a grievance, negotiate an exit, or just quietly look for another job, and that's a completely normal place to start from.
A word on settlement agreements
If you've been offered a settlement agreement you should be given a reasonable time to consider this and take independent legal advice on it (the ACAS Code of Practice recommends at least 10 working days). Normally your employer will contribute towards the cost of your independent legal advice. If you’ve been offered a settlement agreement, get in touch.
It doesn't have to be adversarial
Speaking to a lawyer doesn't mean declaring war on your employer, and it doesn't mean the situation has to end in a claim or a big confrontation. Often, the purpose and outcome of a first conversation is simply clarity, so you know where you stand, what your options are, and what (if anything) you want to do about it.
How I work
We’ll have an initial free conversation to understand, in general terms, what's going on and why you are seeking help. In that first conversation, I’ll give you an estimate of costs and let you know what information and documents I might need to help you (usually a copy of your contract of employment and any correspondence relating to the matter). If you want to proceed, we’ll arrange a time to discuss the matter in further detail, and I’ll ask you to send over the documents in advance of that more detailed call so that I can prepare. In our detailed call I’ll give you honest, plain-English advice on where you stand and we’ll discuss your options. If it's straightforward, I'll tell you that too, rather than manufacturing a process that isn't needed.
If something on this list feels familiar, it's usually worth a conversation sooner rather than later as the earlier you understand your position, the more options you’re likely to have.
This post provides general information for individuals, not legal advice on your specific situation. Employment situations are rarely as simple as they first look, and so if any of this feels familiar, that's usually the point to have a proper, confidential conversation about it.
