There has been a marked increase in the number of unions and employers seeking legal advice, according to the latest industrial relations survey conducted by City law firm DLA (see [2000] Gazette, 14 September, 9).The survey -- which questioned 207 businesses and looked at the workplace relationships between employers, trade unions and employees -- found not only that more legal advice is being taken now, but also that it is being taken earlier.

Some 85% of employers sought advice early on in the dispute; with 65% of employers and 53% of unions declaring themselves 'very pleased' with the advice received, it seems that picket lines and strikes are being replaced by personal-injury claims and paperwork.This is a judgment with which Michael Short, partner in the employment department of Rowley Ashcroft, a London-based firm with five other offices around the country, agrees.

'Demand from unions for litigation has risen massively,' he says.

'Employment law is a growing area, and trade union work accounts for 10%, and rising, of our income.'David Cockburn, head of employment at London firm Pattinson & Brewer, another trade union firm, sees the past three years as being a 'very exciting' time for trade union law.

'Since 1997 there has been an awful lot of law passed.

It has been wholly positive, which is reflected in the fact that union membership went up in 1999 for the first time in years.'A growth area it may be, but a highly-paid one it is not.

Trade union lawyers will admit freely that the financial rewards of union work do not come close to those for other areas, especially those offered by the big employers opposing the unions.So what is the attraction? Is it another manifestation, along with the sudden pro- bono rush of recent years, of the stirrings of lawyers' consciences? 'You can dress it up in flowery terms,' says Mr Cockburn, 'but there has to be a genuine commitment in trade- union work to helping exposed people, the underdogs, in these situations.' Mr Short started his career in the City, but says now: 'You soon realise that it's not enough to be a highly-paid mercenary -- there's not enough satisfaction to be gained from protecting the interests of large commercial companies.'Colin Cook, a partner in the personal-injury department of London-based Lawfords, agrees with the desire to help 'the average man in the street', but also identifies the wider implications of trade union law as part of its appeal.

'I like the thought that some of the cases we take on could actually change the working practices at certain places, and affect the everyday lives of a lot of people.'The wider implications of trade union law are taken seriously by the giant of the field, Thompsons, which has a national network of offices.

Its partnership deed states: 'The principal object of the partnership shall be to assist trade unions and their members.

It shall not be the object of the partnership to earn for the partners the maximum income which in general practice they are capable of earning.'Stephen Cavalier, head of industrial relations, says: 'The object of the firm is not to maximise profit, but to provide a real service for trade union members.

Trade unions are a fundamental part of a successful economy, and should be supported at any cost.'However, the life of a trade union lawyer is not all sack cloth and ashes.

Edward Cooper, head of the national employment department at Russell Jones Walker, which also has a big office network, admits that along with dealing with 'real issues affecting real people', trade union law is appealing because 'it allows more creative work.

You're constantly looking to stretch and expand the legal framework on behalf of the applicants.'Mr Short agrees: 'The law is very complex and demanding in this area, which makes it rewarding from another angle.'The implementation of the Human Rights Act last week will doubtless mean a further increase in trade union work, 'even if only on an advisory basis', according to Mr Cockburn.

However, the past few years have already seen a wealth of developments in the field, mainly springing from the 1999 Employment Act.

All but one -- relating to blacklisting -- of the provisions have now been implemented, resulting in a 'very significant climate for trade union work', as Mr Cooper says.One important provision is the statutory recognition law, under which from 6 June, trade unions have been able to apply to an employer for recognition in the knowledge that if the employer is hostile, the union has a legal procedure to fall back on.

Mr Cavalier has only come across a 'handful' of cases so far where the union has applied for statutory recognition, but predicts this will be 'a future growth area'.The Act has also raised the limit for un fair dismissal compensation from £12,000 to £50,000, which may account for much of the sudden growth in trade union work.

'The lifting of the compensation level has been hugely important,' says Mr Cooper.

'High-profile cases with large awards have had an impact, and so if people feel they've been treated badly, they're more likely to do something about it now.'Mr Cook agrees: 'People are becoming more and more aware that they have rights.

If an employer asks them to do something, they will now think: "Do I have to do that?" And if something goes wrong they will think: "Was it my fault or the employer's?" This is a big change from ten years ago.'The raised compensation limit means employers display a tendency to contest more unfair dismissal cases, adds Mr Cooper.

'In the past, employers would have matched a £12,000 settlement offer to see the back of the problem.

However, now there's up to £50,000 at stake, they're more likely to fight it all the way.'Mr Cockburn says that while the number of claims to employment tribunals rose by 31% in 1999, it cannot be put down to the higher compensation level.

'The average payout for unfair dismissal is still just £2,000 -- the £50,000 limit was put in place to benefit high City earners, who are often treated very badly by their employers.'Trade union litigation has gone up dramatically as well, which he attributes to the decline of the negotiating table.

'With the drop in membership of trade unions, except for last year's slight rise, cases which used to be solved around the negotiating table with a trade union representative now go straight to tribunal.

A warfare mentality is developing in the place of the old problem-solution attitude.'Mr Cavalier sees the increase in tribunal work as coming not from a warfare mentality, or a compensation culture, but more a straightforward recognition of rights.

'There has been a rise in employment tribunals because new rights have been awarded to workers, and they're realising what they are.

Or, in workplaces where trade unions aren't yet recognised, employment disputes aren't resolved correctly because there's no trade union representation -- and only then will it turn to litigation.'Whether for litigation or negotiation, it seems that trade unions are coming more and more to appreciate the 'comforting blanket of legal advice', as the DLA report termed it, in dispute resolution.

Likewise, the work holds a real attraction for jaded lawyers.

As Mr Short says: 'People start their legal training with a sense of idealism, but you soon realise that you have to compromise that.

With this work, you can actually make a difference to some people's lives.'