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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 solicitors 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 trial 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.