Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if she will make an assessment of the potential impact of employment tribunal processes on litigants without legal representation.

Tribunals, including the Employment Tribunals, are designed to be expert, accessible, low cost and without a need for legal representation. Legal aid is available for legal advice and assistance in relation to discrimination cases which fall under the Equality Act 2010 and some earlier discrimination enactments, subject to passing the means and merits tests. Legal aid for other employment matters may be available through the Exceptional Case Funding (ECF) Scheme, if a failure to provide legal aid would breach, or likely risk a breach of, an individual’s human rights under the Human Rights Act 1998.

We are providing over £10 million of grant funding to improve access to legal support and advice, including for litigants in person. This includes support to help people navigate the process effectively where court or tribunal proceedings are needed, as well as the provision of online support across a range of civil, family and tribunal jurisdictions. This includes online advice for the employment tribunal.

For free independent legal advice, litigants may approach the following organisations: Law Centres Network; The Advisory, Conciliation and Arbitration Service; Advocate; Law Works.