Lord Neuberger made headlines today (5 March 2013) when he expressed alarm at the impact of legal aid reforms due to come into effect on 1 April.

Catherine Wilson, Partner and Head of Employment at leading law firm Thomas Eggar, comments: “Legal aid for employment advice has been minimal for many years. Most of the landmark decisions could not have been brought without the support of the trade unions, the Equality commission and, much hated by government, so called “no win no fee” lawyers, notably in the context of equal pay. But viewed against the general climate of austerity and budgetary restraint, should legal aid be retained for employment advice?

“The answer must be a resounding yes. We already see a stream of employees seeking employment advice and specifically representation at tribunal hearings without the means to pay for support and advice. The removal of legal aid will only increase this to a flood as there must be serious doubt, given funding cuts elsewhere, as to whether ACAS or the CAB and other advice agencies can really meet the shortfall.

“Costs will be felt in both human and financial terms. If people cannot access professional advice about their case then more people will pursue cases which have little or no prospects of success. Such cases will take more time and increase costs on both the tribunal service and employers alike. “It is far-fetched to allege that these changes are a back door means of introducing the Beecroft reforms and “employment at will”. There is no doubt however that it will bring an already creaking system closer to collapse!”