Nikolas Clarke is an experienced employment law and inquests barrister, with additional expertise in related civil law matters. He sits part-time as a fee-paid employment judge and also as a Deputy District Judge.
In celebration of Pro Bono Week, he discusses 2 very recent employment cases he has acted in pro bono.
Please tell us about the pro bono work you did
In the last 10 days, I have settled 2 pro bono employment law cases: one through the Work Rights Centre and one on a direct access basis!
Both cases involved clients with long-term and significant illnesses/conditions.
For the 1st case, I was instructed before my client was dismissed. For the 2nd, I was instructed before the initial preliminary hearing.
What impact did the pro bono work have on the people and communities you worked with?
People’s emotions change during the course of a case. Employees, or former employees, who want to bring claims against their employers are often angry or upset and determined to seek justice.
As the process progresses, while that determination may remain, a degree of apprehension and fear develops about the proceedings.
Both my clients were very pleased to have settled their cases. It meant they felt justified in bringing their claims, but also that they did not have to face a final hearing, which is always, in my experience, stressful and can be disappointing, even when you win.
In these 2 cases, the clients also had a very strong sense of the wider public interest in bringing their claims.
People with disabilities continue to face discrimination in the workplace. Often that discrimination falls under the radar, but both felt it extremely important to hold their employers to account and took satisfaction in having done so.
Did your pro bono work have an impact on your professional career? If so, in what ways?
Yes. I am increasingly instructed at an earlier stage in employment claims, and both of these cases fall into that category.
Taking on direct access work (without a solicitor being involved) requires different skills to the traditional barrister approach.
The client-interaction part of the job has always been the part that I enjoy the most, even in my criminal defence days, many years ago! Having more direct interaction with lay clients (as they are known) is a good reminder of what cases are really about, and brilliant for professional development.
Any final comments?
Organisations like the Work Rights Centre make it easy for barristers to do pro bono work and perform a vital role in facilitating access to justice for people who would not otherwise have the resources to do so. It is very rewarding and I would encourage everyone to do it!