New Clause 58: Employment Rights Bill
New Clause 58 - Power to provide legal assistance
“(1) The Secretary of State may assist a person who is or may become party to civil proceedings in England and Wales or Scotland relating to employment or trade union law or the law of labour relations.
(2) In giving assistance under this section the Secretary of State may provide or arrange for the provision of—
(a) legal advice;
(b) legal representation;
(c) any other form of assistance.
(3) But the Secretary of State may not provide, or arrange for the provision of, facilities for the settlement of a dispute.
(4) Where proceedings relate or may relate partly to employment or trade union law or the law of labour relations (“employment-related matters”) and partly to other matters—
(a) assistance may be given under this section in respect of any aspect of the proceedings, and
(b) if the proceedings cease to relate to employment-related matters—
(i) assistance may nevertheless continue to be given under this section in respect of the proceedings, but
(ii) the fact that assistance has been given under this section in respect of the proceedings does not require such assistance to continue to be given.
(5) This section does not affect any restriction imposed in respect of representation—
(a) by virtue of an enactment, or
(b) in accordance with the practice of a court or tribunal.
(6) A legislative provision which requires insurance or an indemnity in respect of advice given in connection with a settlement agreement does not apply to advice provided by the Secretary of State under this section.”—(Justin Madders.)