🎙 Insights from James Davies, Employment Partner at Lewis Silkin

Hi there! 👋

In this article, Chirag Morar interviews James Davies, an Employment Partner at Lewis Silkin. He shares insights from his nearly four-decade career journey, explains the world of employment law, and offers valuable advice for aspiring lawyers.

Can you tell us about your professional background and career journey?👩‍⚖️

I did my Law degree with French at Leicester University. After completing law school in Chester, I started what were then called articles (now training contract) at a firm called Denton Hall Burgin and Warrens, which has since become Dentons.

During my training, I sat in employment and decided to qualify into that area. In those days, it was quite rare for a firm to have a specialist employment practice, as most employment was handled by litigators or commercial lawyers alongside their other work.

I joined Lewis Silkin in 1992, where I helped start the employment practice alongside Michael Burd. From those early days, we've grown from just two employment lawyers to becoming the largest employment practice in the country with around 200 employment lawyers.

What do employment lawyers do? 📝

Firstly, there are a variety of different pathways for employment lawyers. There is an increasing number of employment lawyers who work in-house, with most big companies or organisations having their own employment lawyers. Then there are firms like Lewis Silkin, who mostly advise employers, though we do some employee work at senior levels. There are other firms which focus on advising employees.

One thing that attracts many to employment law is the variety of work (non-contentious and contentious). We handle:

• Contentious work in employment tribunals which includes unfair dismissal and discrimination claims and in the High Court, including bonus disputes, wrongful dismissal cases, and enforcing restrictive covenants.

• Advisory work where you have to help clients solve their complex employment problems.

• Investigations, for example into allegations of harassment or financial wrongdoing.

• Lots of international work advising multinational employers.

• Training managers and HR on employment law.

• Collaborating with the corporate team on employment aspects of M&A.

What do you think about the proposed changes to employment law? 💼

The proposed Employment Rights Bill will certainly create work for law firms. We have been busy producing material and advising clients on its implications. People say it’s the biggest change in employment law for a generation, but that is mainly because we have had very little change in 20 years.

There are several changes that businesses need to prepare for. For example, the qualifying period for unfair dismissal will be reduced from two years to day one. Will there be more claims as a result? Probably. The reduced qualifying period for unfair dismissal is likely to lead to more claims, but most employment issues are usually resolved through negotiation rather than in court. This is often because the time, cost, and potential reputational damage of pursuing claims through tribunals often make it ill-advised for both employers and employees.

As I said, Lewis Silkin has a very large employment practice with over 250 employment lawyers, which does mean we are well equipped to deal with these changes. We can have teams get on top of the new requirements quickly and produce guidance for clients.

In your 30 years of experience, what key skills should aspiring commercial lawyers focus on developing to become successful in their careers? ✍️

While knowledge of employment law is important, this is no longer what clients primarily pay for as that information is now readily available online.

Firstly, I think the ability to work with technology and AI is going to become more and more important as it becomes integrated into the way in which lawyers are delivering legal services to clients.

The softer skills have become increasingly important in determining career success. When we're recruiting, we look closely at candidates' interpersonal skills, judgement, communication skills, emotional intelligence, and resilience. Commercial awareness is particularly vital; we need lawyers who can act as problem solvers, not just analysing everything from a legal perspective. Enthusiasm and collegiality are equally important. We are looking for people who will work as part of a team rather than competing with each other.

Interestingly, I've found that candidates with experience in hospitality often have a head start in these areas. For example, those that have worked in a pub, restaurant, or even a call centre have often developed useful skills in client service and resilience.

Any last words of advice you would like to give aspiring lawyers? 💡

Choose a workplace that you are going to enjoy working in. You want a supportive and collegiate culture, though this is not easy to identify as even the most toxic work environments will seek to promote their collegiate work environment.

Focus on personal and professional development. You want to be at a firm that will help you grow. Variety of work is important too. Don’t just chase the highest salary.