Legal aid and sources of advice for employment matters

Legal aid may be available to people on low incomes for discrimination matters

Legal aid funding is only available for employment cases involving discrimination, and provided you meet both the merits and means tests.

• Merits test: your case must have reasonable chances of success.
• Means test:
  • Gross monthly income – your income (or combined income if you have a partner) must be no more than £2,657 before tax. (If you have more than 4 child dependants, add £222 to this figure for the fifth child and each further child).
  • Net income (after tax, housing and other costs) – must be no more than £733 per month.
  • Savings – If you have savings (or combined savings if you have a partner) of more than £8,000, you won’t get legal aid. If you have more than £3,000 in savings, you will likely have to contribute towards your legal costs.

You can check eligibility online here.

Whilst there is legal aid for discrimination cases, many litigants struggle to obtain legal aid funding and, in any event, legal aid does not cover representation in the Employment Tribunal.

To apply for legal aid for employment cases you must apply online through the LAA online portal. You can find further information here at gov.uk.

You will need to provide details of your income, savings, and the value of any property that you are an owner of. If you are self-employed, you may need to also send a copy of your end-of-year accounts. If you are employed, your employer will be asked to give details about your salary, tax, and National Insurance that you are paying. They will not, however, be given any information about your case.

Once the forms have been sent to the LAA, they will decide whether you are eligible for legal aid. This decision will normally take up to about four weeks, but it can take longer.

Other sources of legal advice for employment issues

• If you are a Trade Union member, your union can offer assistance and advice on bringing a claim in the Employment Tribunal, and may offer representation funded by the Union. (This is one of many good reasons to join a union.)
• If you are a member of a professional association, such as the British Medical Association, or the Federation of Small Businesses, your membership might include legal expenses insurance or other support for employment disputes.
• You may have Legal Expenses Insurance through an insurance policy which you have signed up to, such as household contents/building insurance, or as a benefit which comes with your bank account. You should check your insurance and banking documents, or contact your insurer or bank, to find out whether LEI is included which covers employment disputes.
• Citizens Advice: Provides advice on work-related issues and can offer a casework service. Locate an office here.
• Some charities or advice centres might be able to help you with free legal advice on employment law matters. You can find out if you have a Law Centre near you on the Law Centre website. 
• The Equality Advisory Support Service (EASS) runs a helpline which provides advice on issues relating to equality and human rights, across England, Scotland and Wales. It can also accept referrals from organisations which, due to capacity or funding issues, are unable to provide face to face advice to local users of their services. More information is available on their website [add link] or by calling 0808 800 0082.
• Acas helpline advisers can provide you with information on how the Employment Tribunal process works, but they cannot give legal advice. See the Acas website or call 0300 123 1100.
• Gingerbread provides information on work, and benefits for single parents. Visit the Gingerbread website.
• YESS Law offers “affordable” legal advice to employees and employers to settle workplace disputes. You can find out more on the YESS Law website. 
• Disability Law Service offers free advice for disabled individuals on discrimination and employment issues. Visit their website or call 0207 791 9800.
• Employment Tribunal Litigant Support Scheme (ELIPS) offers one-off free advice from employment lawyers in some areas. Check availability here.

Ensure you explore these resources to find the most suitable support for your employment matter.

Further help 

Here is a short video about the Employment Tribunal process, and what to expect, particularly if you are going to have a “remote” hearing, meaning a video hearing:  

This advice applies in England and Wales. If you live in another part of the UK, the law may differ. Although there are a single set of rules which govern the whole of Great Britain covering Tribunal practice and procedure, there are differences in the way that Scottish tribunals exercise their discretion regarding procedure. For guides, information and resources about employment tribunals in Scotland, see The Scottish Courts and Tribunals Service.  Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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