The provision of this right originally envisaged a move away from industrial action and into the Employment Tribunal to resolve employment disputes. There was no need for lawyers.
The Employment Tribunal itself was tasked with hearing complaints and making awards of compensation in cases of unfair dismissal. The system was designed to be user-friendly and afford unrepresented parties access to justice without the same costs or formality as would arise in ordinary civil litigation.
When we fast forward 50 years, the right to claim unfair dismissal is now well established in law. However, certain factors have created difficulties in the practical enforcement of that fundamental right.
The main difficulty for employees who have been dismissed is accessing legal advice on the merits of an unfair dismissal claim. That is against a background of a reduction in the availability of legal advice on employment matters.
Previously, an employee could seek the fee-free services of Citizens Advice Bureau and other advice centres, but these organisations have not been immune to funding cuts in recent years. The result is usually that services are stretched, and organisations restricted in what they can do to assist.
Access to legal advice and representation via legal aid is an option but rare in employment cases. Even if one is financially eligible to secure legal...
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