Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 66
Health conditions and symptoms require vocational
expert nuanced understanding on any potential for
work.
Vocational experts reduce these risks by providing
objective, evidence and experience-based clarity.
8. The Future of Vocational Evidence in
UK Law
It is of concern to note that in 2023, working
age adults reported a health limited condition
rising from 15 to 20%. Plus 4 million people were
economically inactive (an increase from 3.2million
in 2013) due to ill health. People reporting ill health
had 5 or more conditions.
Given the Circle Vocational experience and our
research, the need for vocational experts will
continue to increase. The reasons for this are as
follows:
It is also important to note that neurodiversity
diagnosis is increasing. According to React
Neurodiversity, JobSearch and Work Report
2024, one in ten people are considered to have
neurodivergent symptoms. www.gov.uk states that “
Just 31% of people with a neurodiversity condition in
employment compared to 54.7% of disabled people
overall”
•
The labour market is changing rapidly as
automation, AI, hybrid work, and skills
shortages mean employability is more complex
than ever.
•
Courts and Tribunals are increasingly expect
evidence, not assumption. They require detailed,
functional, evidence driven assessments from a
vocational expert.
•
Neurodivergence and mental health conditions
are rising which require specialist vocational
interpretation.
•
Long Covid is creating new patterns of
disability and Vocational experts are essential
in understanding its long term impact.
•
Hybrid and remote work have transformed job
feasibility whereby Vocational experts can map
realistic opportunities.
•
The legal system is becoming more
interdisciplinary. Courts and Tribunals now
expect integration of medical, clinical, therapy,
psychological, occupational, and labour market
evidence. Vocational experts are uniquely
positioned to provide this.
Vocational experts consider:
- Cognitive load
- Sensory demands
- Executive functioning
- Fatigue management
- Environmental triggers
- Adjustment needs
- Feasibility of hybrid or remote work
This is often far beyond the remit of most medical or
other experts.
7. What Happens When a Vocational
Expert Is Not Used
The consequences can be signi昀椀cant including…
•
Under compensation of claimants because
courts or Tribunals may underestimate the
impact of injury or illness on employability.
•
Over compensation of claimants as Courts or
Tribunals may assume a person cannot work
when they can.
•
Unfair spousal maintenance orders whereby
one party may be expected to earn more than
is realistic.
•
Misinterpretation of medical evidence because
medical reports do not translate directly into
vocational outcomes.
•
Incorrect assumptions about labour market
opportunities as Courts or Tribunals may
assume jobs exist that do not.
•
Failure
to
understand
neurodivergent,
psychological or more complex health
conditions and their barriers to work. This can
lead to harsh or unrealistic expectations.
•
Increased litigation risk whereby lack of
vocational evidence leaves decisions vulnerable
to challenge.
EXPERT WITNESS JOURNAL
In Conclusion: The Vocational Expert as
the Court’s Guide Through Complexity
In a world where work is evolving faster than ever,
vocational experts have become indispensable. They
provide the bridge between medical or clinical and
therapeutic evidence, personal history, functional
capacity, transferable skills plus labour market
reality.
Across personal injury, family law, employment law,
and tribunal litigation, vocational experts ensure
that decisions about earning capacity, employability,
and future employment or job prospects are
grounded in evidence, not assumption.
They protect claimants from under compensation,
protect defendants from overcompensation, support
fair spousal maintenance decisions, clarify complex
employment disputes, reduce litigation risk, bring
objectivity to emotionally charged cases and help
courts or Tribunals to navigate the realities of
modern work.
In summary, Vocational experts are the hidden
architects to provide fair outcomes. They can be
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