Scotland now allows Legal Aid so that employees can get a lawyer to represent them at a Tribunal, in cases deemed too complex for the applicant to present effectively on their own. Recent research into Disability Discrimination claims at Tribunals suggested that an applicant who is not legally represented is twice as likely to lose as one who goes to the Tribunal with a lawyer to argue their case for them. At the moment, in England and Wales, public funding is only granted when cases go to the Employment Appeal Tribunal, where it is often likely that the case can be won or lost on complex points of law. One change already being proposed is that Tribunals will be able to make orders for costs of up to 10,000. This move also supports the argument for legal aid, because applicants could be deterred from going to a Tribunal if, in the event of the decision going against them, they risk a big bill to pay for their employer's lawyers.
Few applicants have the knowledge and skill to properly prepare and present their cases.
I believe it is inevitable that public funding will be extended to Tribunal cases in England and Wales.