To ask the Scottish Executive how often legal aid has been (a) applied for and (b) granted in employment tribunals in the last three years.
Civil legal aidis not available for employment tribunals, but other forms of support areavailable under the broader scheme of legal aid and assistance.
Legal assistancein employment matters, by way of oral or written advice or negotiations, can begiven under advice and assistance, which is granted by a solicitor not the Scottish Legal Aid Board (SLAB). Applications for sanction to increaseexpenditure under advice and assistance are considered by SLAB. Advice and assistancein employment matters will include cases in which there is a negotiatedsettlement without the need to go to an employment tribunal.
If there isthought to be a need for representation at an employment tribunal, anapplication for assistance by way of representation (ABWOR) may be made toSLAB. A case may begin as a grant of advice and assistance and move to ABWOR ifproceedings are raised.
Civil legal aidmay be may available for proceedings in an employment appeal tribunal.
Table 1 sets outintimations received by SLAB, in respect of Advice and Assistance foremployment matters, and grants and refusals of solicitors’ applications by SLABfor sanction for further expenditure under Advice and Assistance.
Table 1
EmploymentMatters - Advice and Assistance
| Year | 2004-2005 | 2002-2006 | 2006-2007 1 |
| Intimations from Solicitors | 2,980 | 2,592 | 2,098 |
| Applications for sanction to increase2 | 3,340 | 2,804 | 2,483 |
| Grants for sanction to increase2,3 | 2,375 | 1,979 | 1,880 |
Notes:
1.The figures for 2006-2007 are provisional.
2.The figures include increase applications and grants for ABWOR. An applicationfor an increase may be a request to move to assistance by way of representationand the data collection does not record this separately.
3.The figures include applications received in one year but granted in thefollowing year.
Table 2 sets outapplications and grants for Assistance by Way of Representation in relation toEmployment Tribunals.
Table 2
EmploymentTribunals - Assistance By Way of Representation1
| Year | 2003-2004 | 2004-2005 | 2005-2006 |
| Applications | 720 | 728 | 781 |
| Grants1 | 488 | 530 | 543 |
Notes:
1.The 2006-2007 figures are not available.
2.The figures include applications received in one year but granted in the nextyear.
Table 3 sets outapplications and grants of civil legal aid for proceedings in Employment AppealTribunals.
Table 3
EmploymentAppeal Tribunal - Civil Legal Aid
| Year | 2004-2005 | 2005-2006 | 2006-20071 |
| Applications | 4 | 9 | 10 |
| Grants | 2 | 6 | 6 |
Note: 1. The figures for2006-2007 are provisional.