§ Chris GraylingTo ask the Secretary of State for Work and Pensions what rights victims of alleged racial harassment in the workplace have to paid legal representation in employment tribunals. [91949]
§ Alan JohnsonI have been asked to reply.
Generally, legal representation in employment tribunal proceedings in England and Wales is excluded from the scope of public funding, though funding for general legal advice falling short of advocacy is available under the Legal Help Scheme. However the Lord Chancellor has the power under Section 6(8)(b) of the Access to Justice Act 1999 to authorise funding in exceptional cases where the Legal Services Commission asks him to do so. In Scotland representation before an employment tribunal is available to anyone who meets the statutory tests for Assistance by Way of Representation (ABWOR). ABWOR allows a solicitor to appear on behalf of a client before the Tribunal.
In addition, under section 66 of the Race Relations Act (RRA) 1976, the Commission for Racial Equality has discretion to provide paid legal representation.