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Title: Pain or pleasure? An exploration of how emotional labour affects job stress and job engagement among family law practitioners.
Authors: Andrea Subryan1 and Michelle Blackburn2
Organisation affiliation/position(s): 1Associate Lecturer, Sheffield Hallam University; 2
Principal Lecturer, Sheffield Hallam University
Address: Sheffield Hallam University, Sheffield Business School, Stoddart Building, City Campus, Sheffield, S1 1WB, United Kingdom
Email address: [email protected]
Stream: Employee engagement
Submission type: Working paper
Abstract
Emotional labour is the process by which employees are expected to manage their feelings in
accordance with organisational rules and procedures. A dearth of empirical research of
emotional labour in roles requiring 'professional' membership accreditation has hindered
Human Resources (HR) knowledge and capacity to appropriately support members of the
professional workforce. However, emotional labour has acquired a position on HR agendas
following occupational research findings that it could have different influences upon
employees which could be positive, negative, or no effect at all. To develop the research
base further, this exploratory pilot study focuses on one key area - that of family law
practitioners and how emotional labour affects job stress, job satisfaction and employee
engagement.
A phenomenological exploratory study was conducted to understand and interpret family law
practitioners' workplace experiences. The research design was underpinned by three socio-
cultural theories namely dramaturgical theory, social interactionism theory and social identity
theory. Data was collected through semi-structured interviews with three family law
practitioners who worked in legal aid firms. Data analysis was conducted by thematic
analysis. While the researchers recognise the small sample size does not allow for
generalisations it does however offer an insight into areas for further investigation.
Findings revealed that emotional labour did not result in stress however it did relate
positively to job satisfaction and employee engagement. Further, participants who engaged in
communities of practice and who also enjoyed a high level of autonomy were more likely to
identify with their role and experience engagement as a result of practising emotional labour.
Purpose
The purpose of this working paper is to explore the effect of emotional labour on the job
stress, job satisfaction and employee engagement of family law practitioners. Emotional
labour is the process by which employees are expected to manage their feelings in
accordance with organisational rules and procedures (Hochschild 1983). The regulation of
emotions at work, or emotional labour, has acquired a position on HR agendas following
research findings that emotional labour could have different effects on employees which
could be positive (Leidner 1999), negative (Hochschild 1983) or no effect (Wharton 1993).
Historically, the workplace was viewed as a rational setting where it was perceived that any
emotional display hindered systematic results (Grandey 2000). However, due to a shift in the
global economy towards the service industry (Meyer and DeTore 1999 as cited in Miller
2007), frequent face-to-face emotional communications with customers and clients became a
way to gain competitive advantage over competitors (Miller 2007). In a drive to offer
customer excellence organisations decided to control emotions through a range of formal and
informal rules communicated through induction programs, training manuals, or observations
at work (Mann 1997 as cited in Hwa et al 2010).
Research findings are inconsistent, with the effects of emotional labour often disputed. On
the one hand, emotional labour can lead to negative effects on an employee's well-being and
can result in stress (Hochschild 1983); while on the other hand, it can have a positive effect
resulting in job satisfaction and employee engagement (Ashforth and Humphrey 1993).
Given these potential consequences, emotional labour should therefore be given greater
attention by HR professionals as it may facilitate the formulation and implementation of
effective HR policies in areas such as recruitment, selection, training and rewards.
Most research on emotional labour has been carried out in relation to occupations within the
service industry (Roach Anleu and Mack 2005). However, there is a dearth of empirical
research regarding emotional labour in professions and particularly, within the legal
profession (Westaby 2010; Roach Anleu and Mack 2005; Harris 2002). This gap in research
has hindered HR knowledge and capacity to appropriately support professional members of
the legal workforce. We define professional members as those governed by ethical codes of
conduct and who are characterised by self-regulation and autonomy and are not controlled by
bureaucratic hierarchies (Harris 2002). By complying with these codes, professionals
internalise the espoused intention to serve the common good (Fincham and Rhodes 1998 as
cited in Harris 2002). Admission into the legal profession is regulated and the profession is
modulated by a professional association. Legal practitioners are socialised on the professional
codes of practice which consist of expectations relating to displays of emotion and behaviour
in practice (Harris 2002). Family law practitioners engage frequently with emotional labour
as they deal with challenges exhibited by clients, practitioners, barristers, judges and
immediate colleagues on a daily basis.
Given this context, family law practitioners are ideal participants in the study of emotional
labour. For example, solicitors must observe professional display rules including the
Solicitors Regulation Authority Code of Practice and Principles (SRA Code of Conduct
2011) and family law practitioners, in particular, should adhere to the Resolution Code of
Practice (2014) and Law Society's Family Law Protocol (2006). Family law practitioners
imply those who deal with the chaotic personal problems of clients where there are high
levels of emotions such as anger, anxiety and fear (Roach Anleu and Mack 2005). Visible
displays of emotions including irritation or frustration (Lively 2000) are often considered an
indication of unprofessionalism and deviation from professional display rules (Roach Anleu
and Mack 2005). Family law practitioners believe that suppressing emotion and remaining
detached and neutral enables them to argue rationally their client's case (Harris 2002;
Fineman 1993; Henderson 1987).
The study focussed on the experiences of three family law practitioners; a partner, a solicitor
and a paralegal all of whom are professionally regulated. Generalisations cannot be made as
this is an explorative pilot study. Barristers were purposefully excluded from the study
because of the organisationally independent nature of their work which was outside the scope
of the study.
A thematic analysis was used to ascertain and identify trends and themes of the effect of
emotional labour on job stress, job satisfaction and employee engagement.
Theoretical Framework
The theoretical framework consists of three socio-cultural theories namely dramaturgical
theory (Hochschild 1983), social identity theory (Ashforth and Humphrey 1993) and social
interactionism theory (Morris and Feldman 1996). The three theories view emotional labour
as involving an element of acting in order to adhere to organisational display rules.
Methodology
The methodology adopted in this study was a phenomenology approach which involves
examination of the participant's social world; and is concerned with exploring and
understanding participants' perceptions of an event (Smith and Osborn 2007). This
methodology was chosen as it provided a useful framework that enabled the individual's
experiences to develop naturally and made attempts to avoid researcher bias in the data (Gray
2014).
As with the phenomenological approach, this research obtained rich data from participants
through an inductive, qualitative approach using semi-structured interviews (Smith and
Osborn 2007; Lester 1999) of between 45 minutes and one hour. Consideration was given to
a hermeneutical phenomenological approach to the research as this approach involves
obtaining data regarding deep lived experiences. Hermeneutical phenomenology extends
beyond description to unveil hidden or uncertain meanings (Merleau-Ponty, 2002; Heidegger,
1962). It was accepted that each participant's experience was unique and it was appropriate to
consider using a hermeneutical phenomenological approach to understand the participants'
experiences. However, due to the small sample size and restrictions on time, it was not
reasonable to use this methodological approach. It is accepted that a hermeneutical
phenomenological approach would be more beneficial and appropriate in a larger scale study.
Research Design
A purposive sampling strategy was used. Three participants were chosen because they
represented varying levels of experience of family law practitioners. The participants had all
worked for the same medium sized legal aid law firm in South Yorkshire. The data collection
method of semi structured interviews elicited accounts of the participants’ experiences of
practicing emotional labour as family law practitioners in a legal aid context. In legal aid law
firms, achieving almost unattainable financial targets is a main objective rather than client
well-being. This is in contrast to private law firms where a practitioner has a higher charge
out rate thus reducing the need to take on as many cases.
The participants were asked to choose a location for their interview as well as whether the
interview would be a face-to-face interview, a SKYPE session or over the telephone. The
interviews comprised of a mixture of questions based on demographic and experiences in the
workplace. There were 5 closed-ended demographic questions and approximately 20 open-
ended questions regarding the participants' experience. The interview questions were
designed to elicit the participants’ responses that might align with the research objectives.
The qualitative data collected from the semi-structured interviews were analysed through
thematic analysis.
Data Analysis
The data collected through the semi-structured interviews were analysed using thematic
analysis (Clarke and Braun 2013) as it is widely used and accepted as a method for analysing
qualitative data (Boyatzis 1998). This form of analysis enabled the researchers to make sense
of the data in order to support interpretation. Given the exploratory pilot nature of the study,
this approach also avoided any links to pre-existing theoretical frameworks (Clarke and
Braun 2013). In the study, a constructionist approach to thematic analysis was undertaken.
Thus, the participants' perception of reality was deemed to be socially constructed and
contingent upon their interactions and beliefs (Guba 1990). In line with an inductive approach
the emerging themes were data-driven rather than driven by our interest in the research topic.
Findings
The purpose of the study was to find out to what extent emotional labour influences job
stress, job satisfaction and employee engagement among family law practitioners. The three
themes common to all participants were 'expectations', 'support' and 'identity'. A fourth theme
particular to one participant was that of 'pressure'.
a. Expectations
All participants indicated that emotional labour did not result in any negative outcomes
related to and including job stress. They all indicated that they observed and learned
professional display rules early on in their careers. One participant (P1) said she was taught
during her legal training to "always be professional" and as such knew what was expected of
her. There are occasions during which P1 accepts that she alters her emotions and behaviours
in accordance with implicit and explicit display rules in order to carry out her role. She stated,
"I'm altering my emotions by suppressing what I naturally want to do".
An example cited by P1 involved a client who was too emotional and could not focus on the
case. P1 felt like shouting at the client however had to suppress her frustration and instead
conduct herself in a professional manner. However, P1 does not consider complying with
display rules a source of stress. On occasions when she deals with what she perceives as
difficult clients, she tends to feel more "drained" than stressed by the situation.
Another participant, P2, felt that she has good relationships with colleagues and must have
observed and learned professional display rules through these relationships as she states,
“If I was displaying behaviour which they didn’t find acceptable that wouldn't be the
case”
P2 believes she is expected to achieve "difficult if not impossible" financial and time targets.
She stated that “rates are low and amount of work is high”. This aspect of her job is the main
source of stress as she described targets as “unachievable”. Nevertheless, P2 is aware that on
occasion she must alter her emotions or outward expressions in order to deal with clients. She
states this is a "part of my job" rather than perceives it as a source of stress.
The third participant, P3, indicated that she also internalised professional display rules from
an early stage in her career. P3 perceives herself as honest in her dealings with clients and
other legal practitioners involved in her cases. P3 dislikes when other solicitors "pay lip
service to a professional code of conduct" or who only use them to their advantage to
"develop a reputation" as a good solicitor. P3 feels strongly about adhering to display rules
within the profession. She states,
"I abide by them. I do what I’m supposed to do”.
P3 acknowledges that she puts on a different persona and says what she needs to say to
clients in order to get the job done. She stated that she does what is necessary to put her
clients at ease including engaging in casual conversation and even allowing her clients time
to complain about the other party. P3 indicates that, at times, there is a “degree of acting to it”
however; she does not identify this aspect of her job as a source of stress. She states,
“Clients, I would say, are the least stressful”.
However, that is not to say that stress was absent from the working lives of these participants.
Participants indicated that they experienced stress from work-related performance
requirements such as achieving financial targets. This finding was not in line with the
Dramaturgical Theory which purported that emotional labour would eventually lead to long-
term negative outcomes for employees (Hochschild, 1983).
b. Support
Additionally, the participants did not consider frequent or varied interactions with clients as a
source of stress, nor did they feel dissociated as a result of falsifying emotions, a finding that
was not in line with Social Interactionism theory (Morris and Feldman, 1996). All
participants indicated communities of practice moderated their management of client
interactions.
P1 felt that being able to have discussions with her colleagues and peers is important. She
stated “we do talk a lot”. Whilst she felt that discussions could enable her ‘to let off steam’, it
seems that P1 tends to use discussions and the support of her colleagues and peers to learn
and reflect at work. P1 also states that learning took place “not through official training but
through supervisors” where she learned by “modelling”. P1 does not believe that she
experiences job stress as a result of dealing with clients as she states, "No, they don't get me
stressed". On occasions when P1 does speak to colleagues and peers, particularly about a
difficult client, she feels more focussed and able to continue with her work. She states,
"you feel a bit more aligned back to yourself again".
She feels lucky to have a good support network around her and said “I could have quit my job
at any point” if she did not perceive she could give and receive support. Discussions at work
enable P1 to cope with any stresses at work and she noted “some colleagues I couldn’t do
without.”
P2 also believes that workplace support is an important aspect of her job and states it is
"hugely beneficial". She uses the support of her colleagues and peers as a coping mechanism
to "off-load" and to obtain "reinforcement" of her views. She states that "without that, I
wouldn't have managed that as well". P2 does not view discussions with her colleagues
primarily as a form of learning, although she accepts that learning can take place. P2
understands the implicit and explicit rules on discussions among colleagues and peers at
work. She notes that discussions regarding work are acceptable whereas discussions
regarding clients are discouraged. P2 states, colleagues are often “told to stop chatting and get
on with their work”. On occasions when P2 has dealt with a particularly difficult client she
feels “drained and tired” and “less able to concentrate”. However, she stated that,
“being able to discuss issues with somebody who totally gets what you mean is very important”.
P3 also supports discussion at work and states "I think that's good”. P3, like P1, feels
discussions enable colleagues to share knowledge and learn. She notes another benefit is to
relieve stress and off load. However, while P3 can see the value in communities of practice as
a means of workplace learning and support, she is more concerned about the pressures on her
including achieve targets and compliance. She states,
“We don’t share knowledge enough. It should be done more - subject to chargeable time targets of course”.
In contrast with P1 and P2, P3 does not feel personally supported. She believes this could be
because, as a Partner in the practice, she has other responsibilities, such as achieving
chargeable time and financial targets, which prevent her from having the time to take part in
discussions.
The participants suggested that obtaining support, learning and the sense-making offered by
colleagues helped them to manage emotions at work. The implications of this suggest that
family law practitioners who engage in communities of practice may be more likely to
identify with their role and experience employee engagement (Akroyd et al 2006).
c. Identity
Although not perceived in the same way, all participants identified with their family law
practitioner roles and enjoyed a high level of autonomy which enabled them to produce more
natural responses to clients during interactions and improved employee engagement.
Interestingly, P1 states that "how I define myself has nothing to do with my job". She
believes that "the identity I have is what I take to work". This suggests that P1 does not
believe that she identifies with her role as solicitor, although she accepts that her personal
values are used at work. P1 has defined her role as solicitor as one who is professional and
assists her clients to achieve the best possible outcome. She takes a very pragmatic approach
with her clients and the boundaries she sets with her clients are clear. P1 indicated that she
feels engaged with her role and experiences job satisfaction. However, although P1 enjoys a
high level of autonomy which enables her to make most decisions regarding her cases, she
acknowledges that even with autonomy her actions are limited. She finds it distressing when
she has to turn clients away because the particular task is outside the scope of the legal aid
contract. She notes
“there are occasions where you think this is just awful”.
When P1 is limited by the parameters of her role, she experiences a sense of conflict between
her legal duty to provide legal advice and a moral duty to do what she perceives is the most
equitable action. She states “I don’t like leaving people in the lurch”. This demonstrates that
P1 wants to help her clients and could feel distanced from herself and her role when she is not
able to carry out this aspect of her job. P1 also believes that her role with her client is to be
professional and as such she keeps an emotional distance. She does not become emotionally
attached to her clients and believes that this is in the clients' best interests.
P2, on the other hand, acknowledges that her personal and professional identifies are aligned.
She feels motivated and engaged when she is practising family law. She states,
“part of my job is try to make them feel better and to put clients in a better position”.
Where this is not achieved she states “I’m failing” and “I don’t feel that I’m succeeding”. P2
may experience a sense of conflict on the job in circumstances where she feels she is unable
to help her clients. Clients are not a source of stress for P2 and she notes that helping clients
“comes quite easily to me”. P2 notes that the sources of stress for her are work or task-
related. P2 feels that her role as paralegal affects her sense of identity and purpose. She
enjoys the level of autonomy which is given to her and this positively correlates with her
sense of job satisfaction and employee engagement.
P3's personal values align with her professional values as a family law practitioner. She stated
that the professional display rules are "ingrained". Her approach in her personal life and
professional life are similar as she tends to find quick and practical solutions. However, P3
remains conscious of perceived pressures and notes that in family law "time is money". P3
does not consider interactions with clients a source of stress. She likes putting on a
performance when necessary and believes it is why she "took the job". She likes the “buzz of
it”. It appears that P3 feels a sense of job satisfaction and employee engagement when she is
dealing and interacting with clients because she states, "I do enjoy that side of it". Due to P3's
honest and pragmatic approach to work it does not seem as though she experiences much
conflict in her role as family law practitioner. In line with P1 and P2, P3 also enjoys a high
level of autonomy however she feels she has been given too much autonomy to deal with
particular cases and with other aspects of her role as Partner.
It seems P3's personal values do not align with role as a Partner. She feels some emotional
dissonance when she is consumed by the high pressures of the job which makes her feel
insecure in her abilities and confidence and questions why she has taken the role. Her role as
partner makes her feel anxious and stressed which affects her sense of job satisfaction and
employee engagement. Due to the conflict in her role between fee earning on the one hand,
and managerial duties on the other, P3 has struggled to reconcile her identity in relation to
both of her roles.
The management of emotions in this context was therefore not believed to result in any
negative emotional labour consequences. All participants enjoyed interacting with clients,
which they saw as providing them with a great sense of employee engagement and
satisfaction with their roles. This finding was in line with Social Identity Theory (Ashforth
and Humphrey 1993) which stated that emotional labour could produce more natural
response as participants identified and engaged with their role and enjoyed a high level of
autonomy.
d. Pressure
During the analysis of P3’s interview the theme of 'pressure' emerged. As a partner in a law
firm, P3 feels her role is pressured, onerous and highly frustrating. P3 refers to the great
pressure she feels to achieve targets as she notes “pressure from firm to make money”.
Another source of stress for P3 is the overwhelming level and multitude of legal compliance
within her role. She acknowledges competing pressures between being paid by the Legal Aid
Agency and bringing fees into the firm. P3 admits job insecurity as an underlying pressure as
the firm could decide to discontinue the legal aid contract. She states there is the
“underlying stress that the whole thing could just be taken away”.
P3 may be more aware of these pressures due to her position as partner. Other pressures
included "back covering and worrying about them being able to sue" and risk of negligence.
Again, perhaps her role as partner heightens her awareness of other issues. It appears that the
combination of the pressures, stress and compliance factors results in P3 feeling insecure
about her abilities and confidence to carry out her role which negatively affects her sense of
job satisfaction and employee engagement. Although P3 enjoys interacting with clients, she
tends to see them as a source of income and says,
"I see them as just sort of something up there in the ether".
Overall, then the picture painted when discussing the themes of support, expectations,
learning and identity was one of a strong role-led affiliation fully supported by communities
of practice. Participants indicated that experiences of emotional labour were not as a
consequence of client interaction but more of organisational politics and target setting.
Emotional labour did not appear to be a source of stress for the participants. The participants
did not consider daily interactions with clients a source of stress however acknowledged that
participating in communities of practice had enabled them to cope with and learn techniques
to deal with a variety of situations. All of the participants noted a sense of job satisfaction and
employee engagement as a result of identifying with their roles as fee earners. However, it is
noted that P3, who was a partner in a firm, did not feel a sense of job satisfaction and
employee engagement in her role as partner due to overwhelming financial and compliance
pressures associated with that role. P3 does not identify with her role as partner to the extent
she does with her role as family law practitioner and this lack of identity could have affected
her sense of job satisfaction and employee engagement with that role.
Research limitations/implications
This exploratory pilot study has identified 4 potential themes for further investigation:
expectations, support, identity and pressure. It is suggested that future research examines a
wider population within both family law and the legal professions in order to begin to offer
generalisations that support the development of appropriate HR practice. For instance,
obtaining further data of a family law practitioner's journey from trainee to qualified
practitioner would add an interesting dimension to the research. Further research might seek
to utilise solicitors' career journals, a Law Society (professional body) requirement. They
have the potential to offer insights into the solicitor's introduction to and unrecognised
development of emotional labour skills.
Further research should also be carried out in larger law firms which practice different areas
of law or in private practice law firms. It is unknown whether the research findings in this
study only apply to the specific context of family law practitioners engaged in a legal aid
context.
It is also suggested that the research is extended to examine other professions that have a
clear professional body, codes of practice and a significant degree of personal autonomy to
see if they are also able to regulate their experience of emotional labour through the adoption
of informal communities of practice.
Practical implications
The outcomes of this study may assist HR professionals who are involved in formulating and
implementing effective HR policies in the area of employee engagement strategies. This
exploratory research begins to suggest that enabling staff to form and access communities of
practice within the workplace may have a role to play in the informal and effective regulation
of emotion and consequent experience of positive employee engagement, a result in line with
that obtain by Cross et al (2006).
Social implications
There are several social implications of this research. As leaders of the businesses, great
consideration should be given to the potential negative effects of emotional labour on
employee and organisational well-being. Organisations have a duty of care for their
employees and there is a myriad of research to suggest that emotional labour can lead to
health and safety issues for the workforce including poor psychological health issues such as
stress and psychological anxiety (Hochschild, 1983; Pugliesi 1999); role ambiguity and role
conflict (Zerbe 2000); poor self-esteem (Adelmann 1989); fatigue, irritability, and frustration
(Maslach and Jackson 1981 as cited in Biron and Veldhoven 2012) and emotional exhaustion
and depersonalisation (Bolton 2005, Brotheridge and Lee 2003; Montgomery et al 2006;
Naring et al 2006; Totterdell and Hollman 2003). Where these factors lead to attendance
issues including long term sickness or absenteeism, it could cause economic implications for
organisations including high turnover rates, increased recruitment costs and negative
assumptions on the brand of the organisation. Further there could be implications for morale
within the organisation which could have a negative impact on employee engagement.
Originality/value
This exploratory pilot study has the potential to be extended into research that could offer
great value to the HR profession in how to manage and mitigate the impact of emotional
labour amongst employees with 'professional' affiliations.
Keywords
Emotional Labour, Employee Engagement, Stress, Legal Profession
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