Can you get legal aid for an employment law case?

Whilst an employee can represent themselves at an Employment Tribunal, they are advised to seek legal advice from an employment solicitor. If an employee cannot afford legal advice, they can consider legal aid.
The legal aid scheme is run by the Legal Services Commission (LSC).

An employee with an employment law claim can receive legal aid through the Legal Help scheme. Legal Help covers all the help an employee will need to prepare for the Employment Tribunal where the claim will be heard. However, Legal Help does not cover representation in the Employment Tribunal. Legal aid for representation in an employment law claim is only available if the employee decides to appeal the decision of the Employment Tribunal in the Employment Appeal Tribunal.

In order to receive free legal advice from LCS under the Legal Help scheme, an employee must be eligible for financial assistance. An employee will be eligible for Legal Help if they or their partner receive income support, income related Employment and Support Allowance, income based Jobseekers Allowance, or guaranteed credit as part of Pension Credit. If the employee does not receive any of these benefits, their income and capital will be examined. The employee will not receive Legal Help if they have disposable assets over the value of £8,000. If the employee’s gross monthly income is over £2,657 they will not be eligible for Legal Help.

The employment law claim may be about the employer’s breach of the contract of employment. An employee has the choice to bring a contract claim in an Employment Tribunal or the civil courts. If they are eligible for legal aid, they can receive financial help for representation in court.
If an employee does not qualify for Legal Help, or they require representation in the Employment Tribunal, they are advised to seek legal advice from an employment solicitor. Many employment solicitors offer a no-win, no-fee arrangement for employment law claims, which may be more appropriate for the employee’s financial situation.

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