Out of all employment claims only discrimination cases will remain eligible for legal aid funding. This means that only employees who have been unfairly dismissed on the basis of one or more of the “protected characteristics” under the Equality Act 2010 may still be eligible to bring a claim for discrimination on the grounds of their age, disability, race, sex, religion or belief, and sexual orientation.

Helena Woodward-Vukcevic from law firm Hart Brown, comments on the cuts to the legal aid budget that have been made by the Ministry of Justice, and which came into force on 1 April 2013. Employees with other employment claims will no longer be eligible for legal aid funding to assist in bringing actions against their employers. If employees cannot afford legal representation they will be left with no option other than to bring a claim by themselves. It is thought that this will result in an increase in the number of Claimants representing themselves the Courts and Employment Tribunals. Access to justice and equality may be compromised, particularly because an employer can afford to pay for lawyers to advise and represent them. It is very often the case that an employee cannot afford to instruct a Solicitor because their employment dispute is likely to have resulted in their loss of income.

A new fee structure is also to be implemented in the summer 2013 whereby a claimant will be required to pay an issue fee to commence their claim and a hearing fee if the claim proceeds to a full tribunal hearing. The proposed fees range from £160 up to £950 which may deter those from pursuing a claim who cannot afford advice or the Tribunal fees. Those with Employment claims that are no longer eligible for legal aid should still get some independent legal advice, either paying for initial time with a solicitor or through a law centre or the Citizens Advice Bureau. The claim may also be covered by an existing insurance policy.