Legal Aid for Employment Tribunals The Truth: It is Not Available

Legal aid was removed for employment claims in 2013. Understand why, what help does exist, and what alternatives are available to you.

Is legal aid available for employment tribunal claims?

No. Legal aid was removed for employment claims in April 2013 under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO). Employment tribunal claims are now ineligible. The only exceptions are cases involving public law matters (judicial review) or where exceptional funding is granted, which is extremely rare.

What about legal help or legal advice?

Legal help and legal advice are different from legal aid. Legal help covers initial advice from solicitors or advisors. Some citizens advice bureaux and law centres offer free or low-cost legal advice on employment matters. Acas also provides free guidance. But once you enter tribunal proceedings, you cannot get legal aid.

What is exceptional funding?

Exceptional funding is extremely rare and only granted in cases involving matters of human rights, immigration, or child abuse. Employment tribunal claims virtually never qualify. You would have to convince the Legal Aid Agency that your case raises a significant point of public law that would be of no legal aid to anyone else — nearly impossible for standard employment claims.

If I cannot afford a solicitor, what are my options?

Your options are: trade union representation (if you are a member), a McKenzie friend (paid or unpaid), self-representation using Start My Claim or guidance from Acas, free advice from Citizens Advice or law centres, Acas conciliation to resolve without tribunal, or exploring settlement with your employer before a hearing.

What if I am a trade union member?

Trade union members may be entitled to free or low-cost legal advice and representation at tribunal. Unions like Unite, GMB, Unison, NEU, and others provide these services. Check your membership documentation or contact your union directly. Union representation is not the same as legal aid but is a valuable alternative.

Can I get a one-off advice grant for my tribunal claim?

Some law centres may offer a one-off advice session for free or low cost. Citizens Advice can provide initial guidance. But this is not legal aid — it is charity funding or volunteer-run advice. Once you are in proceedings, you are on your own unless you have other support or hire a solicitor.

What is Acas and do they charge for help?

Acas (Advisory, Conciliation and Arbitration Service) is a government body offering free workplace advice and conciliation. They provide free guidance on employment rights, help settling disputes before tribunal, and conciliation services. They do not represent you in tribunal, but they can help you negotiate a settlement without court costs.

Can I get legal aid for defending myself if my employer takes me to tribunal?

No. If your employer brings a claim against you (e.g., breach of contract, confidentiality), legal aid is not available. You would need to self-represent or hire a solicitor. The same LASPO rules apply to all employment tribunal claims.

Is there a loan scheme to help pay for a solicitor?

No legal aid loan scheme exists specifically for employment claims. However, some solicitors offer conditional fee agreements (CFAs) where you pay their success fee only if you win. Others offer payment plans. You could also explore personal loans, but this adds financial risk.

What if I win my case — can I recover solicitor costs?

Rarely. The tribunal can only award costs against the losing party if the claim was vexatious, abusive, or the claimant unreasonably refused settlement. Simply losing does not result in costs. This is why employment solicitors charge upfront fees or success fees — they cannot rely on recovering costs from the losing employer.

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Legal Aid for Employment Tribunals

The Truth: It is Not Available

Legal aid removed for employment claims

Legal aid currently available for tribunals

Acas advice and conciliation

Legal Aid is NOT Available — Here's Why

Before April 2013, legal aid was available for employment tribunal claims. You could apply for a legal aid certificate, and the government would fund your solicitor's costs. That ended under the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.

The government's reasoning was that employment tribunals are designed to be accessible to ordinary people without solicitors. The tribunal process is simpler than civil courts — there are no juries, strict procedures are less rigid, and judges are trained in employment law. The assumption was that self-representation is viable for most claims.

That assumption holds up more than many people think. Tens of thousands of claimants represent themselves every year — and many succeed. Employment tribunal judges are experienced with self-represented claimants, apply the law themselves, and are trained to ensure both sides get a fair hearing. Preparation and evidence matter far more than having a lawyer. But the law is clear — legal aid for employment tribunal claims is gone, and tools like Start My Claim exist to fill that gap.

Myth: "I can apply for legal aid if I'm low-income."

False. No amount of low income makes you eligible for legal aid for employment claims. LASPO removed the category entirely.

What IS Available: Free and Low-Cost Help

Although legal aid is not available, several sources offer free or low-cost assistance:

Acas (Advisory, Conciliation and Arbitration Service)

Acas provides free workplace advice on your rights before and during tribunal. They offer conciliation services to help settle disputes without going to hearing. Contact them via their helpline (0300 123 1100) or website.

Citizens Advice bureaux offer free advice sessions on employment rights. Not all bureaux have employment specialists, so ask. They can advise on your claim but not represent you in tribunal.

Law centres are non-profit legal advice services. Some offer employment advice. They are based in specific areas — check if there is one near you. Some offer free initial advice; others charge a small fee.

Trade Union Representation

If you are a union member (Unite, GMB, Unison, NEU, NASUWT, etc.), your union may provide free legal advice and representation at tribunal. Check your membership documents or contact your union rep.

Start My Claim (Self-Help Tool)

Start My Claim helps you build your ET1, track deadlines, and organise evidence. Far cheaper than solicitors and designed for self-representation.

Unpaid or £200–£500+/day.

An unpaid McKenzie friend (family member or trusted advisor) provides support for free. A paid McKenzie friend costs less than a solicitor and helps you prepare and attend tribunal.

Exceptional Funding: Extremely Rare

The Legal Aid Agency has an "exceptional case funding" mechanism for cases that raise fundamental human rights or public law issues. In theory, an employment tribunal claim could qualify if it involves:

In practice, exceptional funding for employment tribunal claims is granted perhaps once per decade. Unless your case is literally groundbreaking — affecting the rights of thousands — do not expect to get it. The Legal Aid Agency takes months to decide and almost always rejects applications.

Assume exceptional funding is not available to you. If you believe your case qualifies, consult a solicitor or law centre, as the application process is complex.

Your Real Options Without Legal Aid

Since legal aid is not available, here is how to manage your claim:

1. Self-Represent with Start My Claim

If your case is straightforward (unfair dismissal, wage claim, discrimination with clear evidence), build your ET1 using Start My Claim. The tool guides you through the process, tracks deadlines, and organises your evidence. Cost: minimal. Success rate: good for simple claims.

2. Get Free Advice from Acas or Citizens Advice

Before filing, get free advice on your rights and claim viability. Acas can also help you attempt conciliation (settlement) before spending time on tribunal. Free conciliation can save months and thousands.

3. Check Union Membership

If you are in a union (or can join), they may provide free legal representation. This is a genuine alternative to paying for a solicitor. Check membership eligibility and representation benefits.

4. Negotiate Settlement Early

Many claims settle before tribunal. Employers often prefer settlement to court risk. Propose a settlement early (via a "without prejudice" letter) to avoid tribunal costs and delays.

5. Use a McKenzie Friend or Self-Represent

If you cannot afford a solicitor and your case is straightforward, represent yourself with a McKenzie friend (paid or unpaid) for support. This costs far less than a solicitor and is legitimate.

6. Pay for a Solicitor if Necessary

For complex claims or high-value cases, borrow money, use a conditional fee agreement (pay success fees only if you win), or explore payment plans. A solicitor is expensive, but sometimes necessary.

How to Access Free Advice Now

Phone: 0300 123 1100 (Mon–Fri 8am–6pm)

Website: www.acas.org.uk

Citizens Advice Bureau

Find your local bureau: www.citizensadvice.org.uk

All bureaux offer free advice; some have employment specialists

Find a law centre near you: www.lawcentres.org.uk

Offers free or low-cost employment advice

If a member, contact your union rep or office for legal support eligibility

Legal aid is gone. Self-help is not.

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