Employment consultant
Encyclopedia
An employment consultant is an expert witness
who advises courts and tribunals on employment related issues such as earnings, labour market analysis, residual earning capacity, and retraining. The main area involved is that of personal injury litigation where loss of earnings is an important component of a claim. Employment consultants give evidence on pre and post accident earnings, thus establishing a loss of earnings formula. Employment consultants also deal with sex, race and disability discrimination
, matrimonial matters and any case involving a loss or dispute of earnings. Increasingly, pay parity is a growth area.
Usually solicitor
s will use an employment report to quantify the loss of earnings or Smith v. Manchester awards.
An employment consultant, like other experts witnesses, may be instructed by the solicitors for the claimant, the defendant, or as a jointly instructed expert, and may be required to give evidence under oath at trials and tribunal hearings.
Although employment consultants provide reports for many jurisdictions worldwide, the core areas are the countries using the common law
system. Because of its different trail and compensation system for personal injury, the United States
is less important than might be expected, and the main jurisdictions for which these experts prepare reports are England and Wales
, Scotland
, Republic of Ireland
and South Africa
. Most employment experts are based in the UK.
This type of expertise was a growth area from the mid-1980s to the end of the 1990s, but was adversely affected by changes in the United Kingdom
, the most important area. These included the withdrawal of legal aid
for most personal injury cases, which meant that lawyers operating on a "no win no fee" basis were less likely to take up claims or incur the additional costs.
The Civil Procedure Rules 1998
also meant that the need for an expert report
had to be sanctioned by a District Judge, which, together with the introduction of joint instruction also reduced demand.
In the decade since the CPR a number of practitioners have diversified into associated areas such as case management, rehabilitation, and, increasingly, pay parity cases, following the wave of such cases initiated in the mid 2000s by trade union
s and the controversial solicitor, Stefan Cross.
A recent (2007) case of importance to employment consultants and personal injury solicitor
s is Van Wees v Karkour and Walsh
. This dealt with the medical aspects of post-traumatic amnesia, but also clarified the financial impact of mild head injury even on those who remain capable of high level work. The judge in the case also made an important ruling that awards to women should not be based on their current lower earnings compared to men in the same occupation, since that would perpetuate inequality in the face of equal pay legislation
.
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
who advises courts and tribunals on employment related issues such as earnings, labour market analysis, residual earning capacity, and retraining. The main area involved is that of personal injury litigation where loss of earnings is an important component of a claim. Employment consultants give evidence on pre and post accident earnings, thus establishing a loss of earnings formula. Employment consultants also deal with sex, race and disability discrimination
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010 , except in Northern Ireland where the Act still applies...
, matrimonial matters and any case involving a loss or dispute of earnings. Increasingly, pay parity is a growth area.
Usually solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s will use an employment report to quantify the loss of earnings or Smith v. Manchester awards.
An employment consultant, like other experts witnesses, may be instructed by the solicitors for the claimant, the defendant, or as a jointly instructed expert, and may be required to give evidence under oath at trials and tribunal hearings.
Although employment consultants provide reports for many jurisdictions worldwide, the core areas are the countries using the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
system. Because of its different trail and compensation system for personal injury, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
is less important than might be expected, and the main jurisdictions for which these experts prepare reports are England and Wales
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, Scotland
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
. Most employment experts are based in the UK.
This type of expertise was a growth area from the mid-1980s to the end of the 1990s, but was adversely affected by changes in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, the most important area. These included the withdrawal of legal aid
Legal aid
Legal aid is the provision of assistance to people otherwise unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial.A number of...
for most personal injury cases, which meant that lawyers operating on a "no win no fee" basis were less likely to take up claims or incur the additional costs.
The Civil Procedure Rules 1998
Civil Procedure Rules 1998
The Civil Procedure Rules are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales...
also meant that the need for an expert report
Expert report
An expert report is a study written by one or more experts that states findings and offers opinions.In law, expert reports are generated by expert witnesses offering their opinions on points of controversy in a legal case, and are typically sponsored by one side or the other in a litigation in...
had to be sanctioned by a District Judge, which, together with the introduction of joint instruction also reduced demand.
In the decade since the CPR a number of practitioners have diversified into associated areas such as case management, rehabilitation, and, increasingly, pay parity cases, following the wave of such cases initiated in the mid 2000s by trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
s and the controversial solicitor, Stefan Cross.
A recent (2007) case of importance to employment consultants and personal injury solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s is Van Wees v Karkour and Walsh
Van Wees v Karkour and Walsh
VanWees v Karkour and Walsh [ EWHC 165 ] was an English law case of importance because of its implications in the assessment of damages...
. This dealt with the medical aspects of post-traumatic amnesia, but also clarified the financial impact of mild head injury even on those who remain capable of high level work. The judge in the case also made an important ruling that awards to women should not be based on their current lower earnings compared to men in the same occupation, since that would perpetuate inequality in the face of equal pay legislation
Equal Pay Act 1970
The Equal Pay Act 1970 is an Act of the United Kingdom Parliament which prohibits any less favourable treatment between men and women in terms of pay and conditions of employment. It was passed by Parliament in the aftermath of the 1968 Ford sewing machinists strike and came into force on 29...
.