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  • Scott Miller blogpost 1 September 2022
    Tue, 10/04/2022 - 10:07

    I have spent the last six months of my training contract at the Free Representation Unit (FRU), on secondment from Linklaters. I was attracted to the FRU secondment as I had really enjoyed doing pro bono work in my other seats and I was keen to have exposure to employment law. The FRU secondment therefore suited me perfectly! 

    Working at FRU has offered a unique perspective to my training contract: not only have I worked on pro bono matters and dealt directly with clients on a daily basis, but I have been able to get experience that is not often found in commercial law firms: most of my days are spent doing what the media portrays as the work of a stereotypical ‘lawyer’. I have my own client base that I am responsible for, and a lot of the work revolves around advocacy and hearing preparation, which has allowed me to put the skills I learnt during my training contract to use in a different context. 

    Going into the secondment, I was looking to take more ownership of the work I did, and this was certainly fulfilled at FRU. As a charity with limited resources, FRU has a lean structure, with just a handful of other legal officers to supervise all the cases that come in. This meant that I was given full responsibility for managing both my own caseload and supervising volunteers’ work very soon after I started. Whilst the learning curve was steep, the team were great at making sure I felt supported at every step of the way. Getting such direct hands-on experience was invaluable, and I feel that this in particular has put me on the front foot as I start my role as an associate. 

    I was also very impressed by the enthusiasm and ability of the volunteers I supervised. FRU volunteers are typically students completing their legal training or looking for pupillage, and it was great to see the commitment each volunteer had to their case, spending hours to prepare and represent clients (who would otherwise not have access to legal representation) in the employment tribunal. Thanks to the help of these volunteers, FRU manages to make a big difference despite its lean structure: last quarter, FRU staff and volunteers spent 16 days  in the Employment Tribunal (including 2 days in Judicial Mediation and 2 days in the Employment Appeal Tribunal); received Employment Tribunal awards of £190,000 and negotiated settlements worth £89,000 on behalf of its clients.

    Whilst 6 months didn’t at first appear like a lot of time to get stuck into an organisation such as FRU (especially without any prior employment law experience!), I have been pleasantly surprised by the amount I’ve been able to do. Along with supporting the volunteers I’ve supervised (a skill in itself of reviewing and providing meaningful feedback), I have also learnt so much by taking on my own cases: from communicating legal issues to clients in a digestible way and improving my negotiation skills in settlement talks, to keeping multiple plates spinning and improving my oral advocacy representing clients in tribunal. 

    I have found that settlement negotiations hugely hinge on what each party wants from the process, as the scope for creative solutions is much broader than what a tribunal could award. For instance, one client cared less about the money they would get than the standard confidentiality clause contained in the settlement agreement: they lived and worked in a small community and were worried that they would be penalised if word got out in the town’s gossip mill. We were able to work through this at the last minute by drafting an agreed statement clause that set out the parameters of what both sides could say without breaching the agreement. This was a great opportunity to think slightly outside of the box to meet a client’s needs as well as providing great quality drafting experience.

    Being responsible for cases directly has also honed my project management skills: whilst I worked on large multijurisdictional disputes during my training contract, my time at FRU took this to a new level in terms of personal responsibility. The pinnacle of this has been co-representing a group of 15(!) claimants in a group litigation claim against three different respondents – as you may imagine, there are lots of logistical hurdles involved here on top of the legal ones! In cases as complicated as this, the tribunal is often minded to encourage alternative forms of resolution and, in this case, the judge arranged for a judicial mediation. Myself and my colleague therefore represented the claimants in front of a judge whose goal was to encourage settlement. Whilst I can’t say too much as the case is ongoing, this provided a great opportunity to see how the judicial process can work outside of the standard tribunal procedure and the ways in which a mediator facilitates negotiations.

    I have also had to deal with cases that did not go as smoothly as I thought they might. For instance, the employment tribunal published guidance two weeks before one of my hearings stating that, where a witness wanted to give evidence from abroad, permission had to be granted from that country’s government. My client was living in New Zealand at the time and so this proved to be a bit of a problem! We ended up applying for the hearing to be postponed to allow for the permission to be sought, and the client ultimately ended up returning to the UK, but it was certainly a curve ball that took me by surprise when it happened.

    On another occasion, I had to step in at the last minute to represent a client at a costs hearing as the volunteer became unavailable. Costs aren’t too often awarded in the employment tribunal, and so it was a good opportunity for me to see both how the judge approaches such a situation as well as to get some proper tribunal advocacy experience. Some additional evidence was required from my client at the hearing and so they had to take the oath, which I hadn’t experienced first-hand before. 

    As I look back on my time at FRU, I am very grateful to have worked with so many talented individuals to support claimants in what is often one of the most difficult periods of their lives. 

    Scott was a trainee in his final seat at Linklaters and Qualified in September 2022

    FRU is celebrating it’s 50th anniversary this year.  If you would like to donate to the continued work of FRU, we would be very grateful wwww.thefru.org.uk/donate

  • Scott Miller completes his secondment from Linklaters
    Wed, 09/07/2022 - 15:55

    We also say goodbye to Scott Miller, our latest secondee from Linklaters who has been with us for 6 months.

    Scott said "Working at FRU has offered a unique perspective to my training contract. I have my own client base that I am responsible for, and a lot of the work revolves around advocacy and hearing preparation, which has allowed me to put the skills I learnt during my training contract to use in a different context."

    FRU Chief Executive David Abbott said "I would like to thank Scott for his hard work and professionalism. We wish Scott good luck as he leaves us on qualification as a solicitor".

  • Helen Moizer heads off to pupillage
    Wed, 09/07/2022 - 15:55

    Today we say thanks and goodbye to Helen Moizer, our assistant legal officer for the last 12 months.

    Helen has done fantastic work across social security and employment. Helen leaves us to take up her offer of pupillage at No.18 Chambers in Southampton.

    FRU Chief Executive David Abbott said "Helen has been an excellent team member, offering clear support to our volunteers and taking on a wide range of cases herself. We wish Helen luck with her career at the Bar".

  • Annual report celebrates achievements
    Mon, 08/08/2022 - 15:13

    We have published our latest annual report, covering the year to 30 September 2021. The report celebrates our achievements during the year and records our thanks to all the fantastic people who keep us going.

    FRU Chief Executive David Abbott said "our annual report for 2020 - 2021 reflects our continued pride in maintaining our service through the challenges of COVID-19. We adapted our service to clients and volunteers and achieved some excellent results for our clients.

    Thanks must go to our trustees, volunteers, referral agencies and all the individuals and organisations who contributed financially. I particularly want to thank everyone at The Lawyer Magazine, Daniel Barnett, Capital Real Estate Partners LLP and Sir Dereck Sweeting for their support during the year".

    The annual report and accounts can be found on the annual reports page.

  • FRU is nominated charity partner for 22 QC's conference
    Thu, 07/14/2022 - 14:37

    We have been nominated as the charity partner for one of the key employment law events of the year. The '22 QCs on the Hot Employment Law Issues 2022 – 23' involves leading employment law barristers presenting on a wide range of contemporary developments.

    FRU CEO David Abbott said "many thanks to Michael Rubenstein conferences for nominating FRU as the charity partner for this amazing event. This will really help us to celebrate our golden anniversary this year.

    Event bookings can be made at https://rubensteinconferences.com/22-qcs-on-the-hot-employment-law-issue...