The system is already stretched and an increased caseload for the tribunals due to legal aid may be the straw that breaks the camel's back

Lucinda Hunter, Glasgow solicitor

Lucinda Hunter, a partner in Glasgow-based law firm Kerr and Co, said: "The introduction of legal aid is bound to increase the number of tribunals.

"The question is whether the tribunals can cope.

"The system is already stretched and an increased caseload for the tribunals due to legal aid may be the straw that breaks the camel's back.

"Tribunals in Glasgow are taking up to two years to complete, when in the past similar cases would have been done and dusted within two months."

Before the change, which was introduced to bring Scotland into line with European human rights law, employees could claim legal aid to get a solicitor to prepare their cases.

'Too complicated'

But if an employee wanted to proceed to a tribunal, they were required to pay between �500 and �1,000 a day to be represented.

Ms Hunter said: "When tribunals were first set up, the idea was that people would be able to represent themselves or depend on the Citizens Advice Bureau.

"Now with all the new legislation and case studies from Europe and the UK, employment litigation is becoming a much more difficult area of the law and it is too complicated for people to represent themselves."

There were 10,301 tribunal cases in Scotland last year, an increase of 23% on the 1999 figure.

Over the last 10 years the number of cases has shot up by 150%, with 4,055 being brought in 1990 alone.

Ms Hunter added that most were justifiable and legislation existed to prevent "spurious, frivolous or vexatious claims".

Executive foots cost

A spokesman for the Department of Trade and Industry said there would not necessarily be an increase in tribunals because of the changes.

He said: "People don't need any representation in a tribunal. They can represent themselves.

"If there is an increase in cases, then the Scottish Executive will be picking up the extra costs."

A spokeswoman for the Law Society of Scotland said that while there might be concerns about system overload, the real concern was that Scottish workers were given equal access to justice.

She said: "Employment law has become increasingly complex and the need to have legal advice on difficult cases is becoming imperative for people to enable them to enforce their rights."

Employment tribunals in Scotland are carried out in Edinburgh, Glasgow, Aberdeen and Dundee.