Can I instruct an employment barrister without a solicitor?

Yes. Under the Bar Standards Board's public access scheme, members of the public and organisations can instruct a suitably qualified barrister directly. Alex MacMillan is qualified to accept direct access instructions in employment matters.

What can a direct access barrister do in an Employment Tribunal claim?

Advise on the merits and value of a claim or defence, draft pleadings, witness statements and schedules of loss, prepare you for hearing, and represent you at preliminary and final hearings before the Employment Tribunal and the Employment Appeal Tribunal.

What does direct access cost?

Fees are agreed in advance through the clerks at St Philips Chambers, based on the nature and complexity of the work, before any work begins. Contact the Employment & PI clerks team for an estimate.

Public Access · Bar Standards Board Scheme

Direct Access Employment Barrister

Members of the public and organisations can, in appropriate cases, instruct a barrister directly, without a solicitor. Alex MacMillan is an employment law barrister at St Philips Chambers, qualified to accept direct access instructions under the Bar Standards Board's public access scheme.

Direct access removes one layer of cost from a tribunal case. Instead of instructing a solicitor who then briefs a barrister, you brief the barrister who will advise on your case and stand up at the hearing. For a well-organised client with a defined dispute, that is often the more economical route. The Bar Standards Board publishes guidance for lay clients explaining how the scheme works and what to expect.

What can be instructed directly

Employment Tribunal claims — unfair dismissal, discrimination, whistleblowing, TUPE
Advisory work and merits assessments, including realistic valuation of a claim or exposure
Drafting pleadings, witness statements and schedules of loss
Representation at preliminary and final hearings, in person or by video (CVP)

Direct access experience

A selection of direct access instructions, drawn from a database of over sixty recorded cases which you can search in full:

Boggs v Warrington & Halton Hospitals NHS Foundation Trust

Liverpool Employment Tribunal — an eleven-day disability discrimination claim, followed by an appeal to the Employment Appeal Tribunal.

Hung v JLL

East London Employment Tribunal — whistleblowing and public interest disclosure.

Adjei-Dawkins v Halfords

Reading Employment Tribunal — a seven-day race harassment claim defended for a national retailer.

How instruction works

Contact the Employment & PI clerks at St Philips Chambers. Initial response is usually within one working day.

The clerks provide a fee estimate based on the nature and complexity of the work. Fees are agreed before any work begins.

Papers are reviewed and, where appropriate, a conference is arranged to discuss strategy.

What direct access does not cover

A direct access barrister does not conduct the litigation. You remain the party on record: filing the claim or response, serving documents and meeting tribunal deadlines stay your responsibility, with guidance on what needs to be done and when. Some cases — heavy disclosure, many witnesses, parallel proceedings — genuinely need a solicitor's involvement. Suitability is assessed at the outset, and if yours is such a case you will be told so before any fee is incurred.

What to prepare

A summary of your situation and the outcome you are seeking
Copies of key documents — contract, correspondence, ET1/ET3 if filed
Any deadlines or hearing dates

Common questions

Can I instruct an employment barrister without a solicitor?: Yes. Under the Bar Standards Board's public access scheme, members of the public and organisations can instruct a suitably qualified barrister directly.
What does it cost?: Fees are agreed in advance through the clerks, based on the nature and complexity of the work. You will know the figure before any work begins.
Which tribunals do you appear in?: Employment Tribunals across England and Wales, and the Employment Appeal Tribunal. Many preliminary hearings are conducted by video, so location is rarely an obstacle.
What if my case is not suitable for direct access?: You will be told at the outset, before any fee is incurred, and pointed towards the solicitor route instead.