Employment law solicitors are witnessing a 'steady increase' in discrimination work and will continue to do so, according to leaders in the field - but they will have to shift their focus to keeping cases out of the courts and tribunals.


Julian Hemming, partner at Bristol-based Osborne Clarke and former chairman of the Employment Lawyers Association, spoke following research by the Equal Opportunities Review, which showed that employers coughed up some £4 million in discrimination-related compensation in 2003.



Of the 376 cases heard in employment tribunals, 58% involved sex discrimination, 24% disability, and 16% were related to race. Average damages totalled £5,500.


Mr Hemming also said that new prohibitions on discriminating on the grounds of religion and sexual orientation appear to have fallen flat since they came into force in December 2003: 'There has been no outbreak.' Disability claims are on the increase, he added, although employers seem more aware of workers' rights when it comes to sex and race.



New dispute resolution procedures and tribunal rules that come in next month will put a greater bonus on solicitors to make clients aware that litigation is a risky business. 'They will have to be brutally honest with the [clients] so that they know what the limitations of their case are,' he said.

But Mr Hemming said that although there might be less billable hours per case, more cases would be generated as employees became increasingly aware of their rights. 'I think there will be a similar amount of work [in future], or even a steady increase,' he said.


Camilla Palmer, a partner in London-based niche discrimination firm Palmer Wade, said solicitors and clients were more aware of the benefits of avoiding stressful and expensive litigation. 'But lots settle at the last minute after incurring [substantial]costs,' she warned. 'This is good for employment lawyers' business but not for their clients, whether employer or employee. I think lawyers need to consider at an early stage conciliation, mediation and settlement, and not at the eleventh hour.'



She called for more comprehensive codes of conduct so workers are aware of their rights without having to visit a lawyer.

Hemming: onus on solicitors