Law society gives guidance

New guidance from the Law Society, which represents solicitors in England and Wales, may help unrepresented employees taking claims to a tribunal.

The availability of Legal Aid was already limited, other than in Scotland where provision was more generous. However, as part of the government’s programme of austerity, the last vestige of finance available for tribunal litigants has now been cut. This has led to an upswing of people having to represent themselves — and inevitably their lack of expertise is resulting more frequently in unjust outcomes and the inefficient operation of the courts.

Sadly, the reversal of this retrograde step on legal aid is unlikely to come soon. Therefore, other ways of levelling the playing field for represented and unrepresented parties are being sought. However, even in less formal legal settings such as employment tribunals, lawyers experienced in procedural requirements can abuse their knowledge.

The Law Society’s new guidance on litigants in person clarifies the standards of behaviour that can be expected of solicitors. The guidance says that bullying and unjustifiable threats; misleading or deceitful behaviour; claiming what cannot be properly claimed; demanding what cannot properly be demanded are prohibited and should be penalised by a judge.

Given that solicitors are notorious in making inappropriate threats of costs against self-represented employees, this guidance may be useful.