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I am wondering whether this means that Mr Raab envisages a settlement scheme that includes an additional procedural step for those who failed to pursue claims due to being unable to afford the fees.
This would presumably involve some sort of fact-finding exercise to identify such claims. But what then? Would the normal
Limitation provisions be relaxed, or would there be new provisions? In either case, what would be the rights of the employer in such a process?
I also wonder how you would set the bar. Would you need to prove impecuniosity, or mere reluctance to spend the money. Even then, would this be the issue fee or all the potential fee liability in the case? Also, could you factor in the ratio between potential compensation and fees, and the chances of success in the action?
If so, then we seem to be into more familiar territory here, as the test seems not unlike a discrimination claim, and requires one to look at all the relevant circumstances and then compares what actually happened and what would have happened if no fees were payable.
However the difference here is that the source of the unequal treatment is the very agency that proposes to make that comparison.

This seems odd to me, but then I am only an employment lawyer.