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Employer law in Aberdeen sits within the wider framework of United Kingdom employment law, with cases in the north east of Scotland heard within the Scottish Employment Tribunal system. Aberdeen has a distinctive workforce profile given its energy, maritime, life sciences and public sector employers, and many issues arise around offshore working patterns, contracting chains, restructures and safety critical roles. Whether you are an employee, a worker, a self employed contractor or a business that engages people, the legal rules on hiring, workplace rights, pay, hours, equality, health and safety, and dismissal apply in the same way in Aberdeen as elsewhere in Scotland.
Most day to day rights come from Acts of Parliament, Regulations and Codes of Practice that apply across Great Britain. Scotland has its own tribunal venues and court procedures, and some devolved areas like health and safety enforcement and legal aid are administered in Scotland, but the core employment rights are UK wide. Many disputes benefit from early advice so that time limits are met, internal procedures are followed and evidence is preserved.
People in Aberdeen seek legal help with Employer matters for many reasons. Common situations include concerns about unfair or wrongful dismissal after a disciplinary process or redundancy exercise. Others need advice on discrimination, harassment or victimisation linked to protected characteristics such as sex, race, disability, age, religion or belief, sexual orientation, pregnancy and maternity, marriage and civil partnership or gender reassignment. Pay disputes often arise over unpaid wages, holiday pay, overtime, commission or bonuses, or where deductions have been made without consent. Many employees seek guidance on sickness absence, reasonable adjustments for disability, long term capability processes and occupational health referrals. With Aberdeen’s strong contracting and outsourcing environment, Transfer of Undertakings TUPE issues frequently come up when services change provider.
Workers and freelancers often need clarity on employment status, IR35 and whether they are in fact workers or employees with statutory rights. Senior staff and specialists ask for help with restrictive covenants, confidential information and share or bonus schemes. Whistleblowing, right to work and immigration checks, and health and safety in safety critical roles are also regular sources of advice. Employers seek support to draft contracts and policies, run fair procedures, consult on redundancies, manage performance and sickness, handle grievances, and settle disputes. In urgent situations such as suspension, sudden termination, or receipt of a settlement agreement, prompt legal input is valuable to protect your position.
Key UK wide statutes and rules that are especially relevant in Aberdeen include the Employment Rights Act 1996 on contracts, itemised pay statements, unfair dismissal and redundancy pay, the Equality Act 2010 on discrimination and harassment, the Working Time Regulations 1998 on hours, rest and paid holiday, the National Minimum Wage Act 1998 and National Living Wage rules on pay, and the Trade Union and Labour Relations Consolidation Act 1992 on collective consultation and trade union rights. Health and safety duties arise under the Health and Safety at Work etc. Act 1974 and associated regulations. Data protection obligations arise under the UK GDPR and the Data Protection Act 2018. Right to work checks are required by immigration law. TUPE regulations protect employment when a business or service transfers.
In Scotland, Employment Tribunals hear claims such as unfair dismissal, discrimination, wages and whistleblowing. Claims are started online and most have short limitation periods. ACAS Early Conciliation is a mandatory step before lodging most claims and it pauses limitation while conciliation is ongoing. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets standards that Scottish tribunals expect employers to follow. Failure to follow the Code can affect compensation. Flexible working has a statutory request process. Family friendly rights include maternity, paternity, adoption and shared parental leave and pay. Redundancy consultation duties apply to larger scale job losses, and failure to consult can lead to protective awards. Offshore and safety critical roles require close attention to working time, rest and health and safety rules, and specialized regulations apply offshore in addition to the general framework.
Aberdeen employers often engage complex supply chains and contractors. Employment status and IR35 questions are common, and correct status assessment affects tax, rights and risk. Settlement agreements are widely used to resolve disputes and require the employee to receive independent legal advice for the waiver to be valid. Legal aid for employment is limited in Scotland, but other funding options exist such as union support, legal expenses insurance and no win no fee arrangements for some claim types.
The distinction depends on the real substance of the relationship. Employees have the widest set of rights, including unfair dismissal and redundancy pay after qualifying service. Workers have core rights such as minimum wage, paid holiday and protection from discrimination. Genuinely self employed contractors have fewer statutory rights but still have protections such as health and safety and discrimination laws. Labels in a contract are not decisive. Factors like control, personal service and mutual obligation are considered.
Most employees need two years of continuous service to claim ordinary unfair dismissal. Some dismissals are automatically unfair and do not require a qualifying period, for example dismissal for whistleblowing, health and safety activities, asserting statutory rights, trade union membership or activities, or reasons related to pregnancy and maternity.
Most Employment Tribunal claims must be started within three months less one day of the act complained of, for example the effective date of termination in dismissal cases or the date of a discriminatory act. ACAS Early Conciliation stops the clock while it is ongoing and then adds a short extension. Some claims have different limits, for example six months less one day for certain redundancy pay claims in the tribunal. Do not delay because calculating limits can be complex.
For most employment claims you must notify ACAS and obtain an Early Conciliation certificate before you can submit a tribunal claim. Conciliation is free and can result in a settlement. Even if no agreement is reached, you will receive a certificate number needed to lodge your claim. Participating does not force you to settle.
Unlawful discrimination happens when you are treated less favourably or suffer a disadvantage because of a protected characteristic, or where a policy or practice puts people with a protected characteristic at a particular disadvantage and is not justified. Harassment and victimisation are also prohibited. The Equality Act 2010 applies in Aberdeen as it does across Great Britain.
Redundancy is a fair reason for dismissal if there is a genuine business closure, workplace closure or reduced need for employees to do particular work. Employers must consult individually and use a fair selection process. If proposing 20 or more redundancies at one establishment within 90 days, collective consultation duties apply and the employer must consult with representatives and notify the authorities. Eligible employees receive statutory redundancy pay and notice.
Unlawful deductions from wages are prohibited unless the deduction is required by law, permitted by your contract, or you have given prior written consent. This applies to wages such as basic pay, holiday pay, overtime and some bonuses. You can bring a tribunal claim for unlawful deductions.
Most workers are entitled to at least 5.6 weeks of paid annual leave each leave year. Pay should reflect normal pay, which for many includes regular overtime and commission. Special rules can allow carry over where leave could not be taken due to sickness, family leave or employer refusal. Records should be kept of requests and refusals.
Most employees have a statutory right to request flexible working. There is a process and time frame employers must follow, including meeting to discuss and giving reasons if refusing on one or more statutory grounds. An updated ACAS Code provides good practice guidance. Many employers in Aberdeen can accommodate alternative hours or hybrid arrangements depending on role and business needs.
A settlement agreement is a legally binding contract where you waive claims in return for terms such as compensation, notice pay and agreed references. It is only valid if you receive independent legal advice from a qualified adviser who signs a certificate. Employers usually contribute to the legal cost of that advice. You should ensure tax, confidentiality, post termination restrictions and announcements are properly addressed.
ACAS Advisory, Conciliation and Arbitration Service - free guidance and Early Conciliation. Helpline 0300 123 1100.
Employment Tribunal Scotland - HM Courts and Tribunals Service administers claims for Scotland, including cases arising in Aberdeen.
Citizens Advice Scotland - independent advice through local bureaux in Aberdeen and across Scotland.
Law Society of Scotland - directory to find a Scottish solicitor experienced in employment law.
Equality Advisory and Support Service - helpline for discrimination queries. Telephone 0808 800 0082.
Health and Safety Executive - guidance and reporting for workplace health and safety, including offshore and safety critical sectors. HSE advice line 0300 003 1747.
Scottish Trades Union Congress and individual trade unions - support and representation for members in the workplace.
Scottish Legal Aid Board - information on legal aid availability and eligibility in Scotland.
Insolvency Service Redundancy Payments Service - information on statutory redundancy and insolvency related payments.
Information Commissioner’s Office - guidance on workplace data protection and subject access rights.
Identify your status and issues. Work out whether you are an employee, a worker or self employed and list the specific problems you face, such as pay, hours, discrimination, performance management or dismissal. Read your contract, policies and any letters or emails that set out terms and recent decisions.
Preserve evidence. Keep copies of contracts, handbooks, rotas, payslips, appraisal notes, emails, messages and witness details. Make a contemporaneous note of key meetings and conversations, including dates and attendees.
Follow internal procedures. Use your employer’s grievance, disciplinary or appeal procedures and the ACAS Code. Acting reasonably helps resolve issues and protects your position on costs and compensation uplifts or reductions in any tribunal claim.
Mind the time limits. Diary the three months less one day limit for most claims from the date of the act you are complaining about. Start ACAS Early Conciliation promptly because it pauses time limits only while it is active. Seek advice quickly if there are multiple acts or ongoing discrimination.
Get targeted legal advice. Contact a Scottish employment solicitor, a union representative or an advice agency to understand your rights, risks and options. Ask about funding, which may include union support, legal expenses insurance on home or motor policies, fixed fees or no win no fee arrangements where appropriate.
Consider resolution options. Explore adjustments, mediation, without prejudice discussions and formal settlement agreements. If settlement is offered, ensure the package covers pay, benefits, holiday, bonus, share awards, references and confidentiality on fair terms and that you receive independent legal advice.
Escalate where necessary. If internal steps and conciliation do not resolve the dispute, prepare and submit your tribunal claim in time. For health and safety or right to work concerns, contact the relevant regulator. Continue to seek advice throughout to update strategy as facts develop.
For employers in Aberdeen, carry out compliance checks on contracts, policies, right to work, working time, pay and equality, train managers on fair procedures, consult early on change and redundancies, and seek advice before taking decisions that may lead to litigation.
