How Should Employer Confirm QWE

When it comes to confirming Qualifying Work Experience (QWE) for aspiring solicitors, employers must follow specific guidelines set by the Solicitors Regulation Authority (SRA). Only solicitors or Compliance Officers for Legal Practice (COLPs) regulated by the SRA are authorised to confirm QWE. Their role in this process involves verifying three key aspects: that the details of the work experience are accurate, that the work provided the opportunity for the candidate to meet some or all of the required solicitor competencies, and that no issues arose during the work experience that could affect the candidate’s character and suitability. If such issues do exist, they must be disclosed.

For employers, it is crucial to decide who within the organisation will be responsible for confirming QWE. In many cases, it might be the solicitor or COLP who directly supervised the candidate's work. However, some organisations may choose to assign this responsibility to another solicitor, such as one within the HR team. Regardless of who takes on this role, they need to ensure that the QWE meets the SRA's requirements. Importantly, confirming QWE does not mean assessing whether the candidate is fully competent to practice as a solicitor; it simply involves confirming that the work experience aligned with the regulatory criteria.

To support the confirmation process, employers should review their existing systems and processes. For example, organisations that already track employment details and document work through performance reviews may have a solid foundation for confirming QWE. If these systems are not in place, employers may need to develop a method for solicitors or COLPs to verify the information provided by candidates. Regularly documenting and evidencing work done by employees aspiring to become solicitors can also be helpful. The SRA offers a recording template to assist candidates in documenting how they meet the required competencies, although this template does not need to be submitted to the SRA.

Employers should also be prepared to handle requests from former employees seeking to have their past experience confirmed as QWE, since QWE can be claimed retrospectively without a time limit. When dealing with these requests, it is important to determine who within the organisation will handle them and how the accuracy of the information will be verified. This may involve checking employment records, reviewing job descriptions, or consulting with the candidate's former supervisor. Adjustments to current systems may be necessary, especially when it comes to tracking the details of temporary employees and the work they performed.

It is expected that solicitors and COLPs take reasonable and appropriate steps to confirm retrospective QWE requests. This might involve consulting HR, reviewing records, or speaking to those who supervised the work. However, in some cases, it may not be possible to confirm QWE due to a lack of records, expired data retention periods, or the absence of staff who can verify the experience.

Confirming QWE is a significant regulatory responsibility, and solicitors and COLPs must ensure they comply with the SRA's Principles and Code of Conduct. This means acting honestly and fairly, avoiding any abuse of their position, and not taking unfair advantage during the confirmation process. Law firms should consider how to support those responsible for confirming QWE to ensure they meet these obligations, maintaining both fairness and regulatory compliance throughout the process.