Withdrawal of legal aid for employment claims

The Government is consulting on proposals to remove legal aid for most employment claims in England and Wales. 

Legal aid is available for advice prior to employment tribunal claims and for representation in Employment Appeal Tribunal hearings and employment-related claims in the civil courts, for example claims for breach of contract in excess of £25,000. The Government proposes removing legal aid for both advice and representation for all employment matters, except for legal advice on discrimination claims prior to employment tribunal proceedings. 

The Government's rationale is that "legal aid is not justified in this area of law" because of the:

  • ability of claimants and appellants to represent themselves in "the easily accessible and user-friendly procedure of the tribunal";
  • use of damages-based agreements in employment cases, whereby the fee that is payable to the representative is contingent on the success of the case and is calculated by reference to the amount of damages awarded; and
  • availability of alternative routes to resolution, such as employer-funded mediation and the services of Acas. 

The consultation closes on 14 February 2011. 

The proposals do not affect Scotland, where legal aid for employment tribunal claims is more widely available. 

Also

XpertHR's topic of the week series on defending employment tribunal claims includes an overview of the procedure prior to employment tribunal hearings, an overview of the procedure during, and the outcome of, hearings and answers to frequently asked questions. 

Can an employee bring a breach of contract claim in an employment tribunal? The XpertHR FAQs section answers this frequently asked question. 

In the employment tribunals XpertHR provides summaries of recent employment tribunal rulings, as well as the full transcripts of the decisions. 

How much does a typical employment tribunal case cost your organisation? XpertHR's benchmarking service sets out the typical costs to employers of employment tribunal cases. 

How to decide whether to settle or fight an employment tribunal claim The XpertHR "how to" section sets out the considerations relevant to deciding whether to settle or fight a tribunal claim.