Tory shadow calls for extension of legal aid to employment tribunals

Posted by Legal Action Group in Advice and Info, Employment Law, News and Views on October 19th, 2009

Lord Bach speaks at the Young Legal Aid Lawyers 'Question Time' event

Speaking at the Young Legal Aid Lawyers ‘Question Time’ event held last week, legal aid minister Lord Bach said that in ‘an ideal world’ he would like to extend legal aid to employment tribunals (ETs). He was speaking in response to a question from the audience. His shadow, Henry Bellingham, went further and said that: ‘This is something I would like to see happen. When the economy improves and when there is more money in the Exchequer we would look at it.’

ET claims have increased during the recession. According to figures released by the Tribunals Service up to March 2008, claims had rocketed by 43 per cent. However, in April this year, the government repealed the legislation which compelled employers to follow statutory and grievance procedures. This might lead to a reduction in claims as some employers’ organisations believe the procedures had led to many frivolous claims.

Bellingham’s comments are surprising as traditionally the Conservatives have always favoured the employers’ lobby, which, we at LAG believe, would oppose any move to extend legal aid to ETs. We argue, though, that without representation the system is weighted against employees who often struggle to prepare and present their cases. Over recent years there has been a growing trend for employers to be represented by lawyers or consultants paid for by insurance policies. An extension of legal aid to cover ETs would therefore give employees equality of arms in what are often complex cases.

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Tags: barristers, employment tribunal, legal aid, legal services, solicitors