Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 64
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How do their health symptoms impact on any
future work or earning capacity?
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What types of work roles in the future could
either of them conduct given their skills or
career experience?
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Are there any limiting challenges or factors
for them resuming work such as health,
geographical location or anything else?
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Vocational evidence brings added clarity.
4. Employment Law and Tribunal Cases:
Vocational Evidence as a Decisive Factor
Employment tribunals frequently grapple with
questions such as:
What support or adjustments at future work
would they both require, if any.
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What has been the lost income from both
parents during their marriage, comparing any
previous roles with any future work roles?
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3.1 Why Family Courts Need
Vocational Experts
Family courts often rely on assumptions such as:
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4.1 Disability and Reasonable Adjustments
Vocational experts provide evidence on:
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Vocational experts provide:
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Evidence and experience based earning capacity
Realistic retraining timelines
Labour market analysis
Functional capacity assessment
Transferable Skills Analysis
Insight into barriers such as age, health, or
outdated job skills
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3.2 High Net Worth & Complex Cases
Vocational experts are increasingly used in cases
involving:
Vocational experts understand and often
recommend what equipment or adjustments could
be used at work to help overcome these barriers.
4.2 Unfair Dismissal and Capability Cases
Vocational experts can determine:
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This is particularly important where:
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One spouse alleges the other is hiding earning
potential
A party claims they cannot return to work
A party who seeks long-term maintenance
EXPERT WITNESS JOURNAL
Autism
ADHD
PTSD
Long Covid
Chronic pain
Stress related illness
Tribunals increasingly expect objective evidence
rather than employer speculation.
CEOs
Directors
Entrepreneurs
High earning professionals
Individuals with complex career paths
Vocational experts are regularly increasingly
instructed in matrimonial disputes to assess
remuneration and prospects of high level
professionals.
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Functional limitations
Workplace adjustments
Feasibility of redeployment
Physical limitations such as manual handling or
sitting restrictions
Cognitive and psychological barriers
Fatigue, pacing, and stamina
Sensory sensitivities
Executive functioning challenges
This is essential in cases involving:
This prevents unfair or unrealistic orders.
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Could the claimant realistically work?
What work could they do?
What earnings could they achieve?
Were reasonable adjustments feasible? Were
they o昀昀ered and used? Were they realistic?
Could redeployment have been successful?
What is the long-term impact of discrimination
or injury?
Vocational questions that can all be answered using
the right skillset and expert.
“She can go back to work now the children are
older.”
“He could earn more if he tried harder.”
“She has a degree so now she can get a
professional job.”
“He used to earn £80,000 so he can do so again.”
These assumptions can be wildly inaccurate.
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There is a dispute about lifestyle, standard of
living, or future income
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Whether the claimant could realistically
perform their role
Whether alternative roles were viable
Whether the employer’s expectations were
reasonable
Whether the claimant’s job search was adequate
What earnings the claimant could achieve post
dismissal
APRIL 2026
