Best Employment & Labor Lawyers in Aberdeen

About Employment & Labor Law in Aberdeen, United Kingdom

Employment law in Aberdeen operates within the legal framework of Great Britain. Most core rules come from Acts of the UK Parliament and apply across Scotland, England, and Wales, with employment tribunals in Scotland handling Scottish cases. Aberdeen has a diverse economy that includes energy, marine, life sciences, education, healthcare, retail, and public sector roles. This mix brings a wide range of employment relationships, from traditional permanent contracts to agency work, zero-hours arrangements, offshore shifts, and self-employed contracting. The law sets minimum standards for pay, hours, holidays, equality, family leave, health and safety, and dismissal. It also regulates consultation and redundancy, trade union rights, and the transfer of staff when businesses change hands.

This guide provides clear, practical information to help workers and employers in Aberdeen understand key rights and duties, identify common issues, and know where to find help. It is general information, not legal advice for your specific situation.

Why You May Need a Lawyer

People seek employment lawyers in Aberdeen for a range of reasons. If you have been dismissed and believe it was unfair, a lawyer can assess the fairness of the process and the reason given, explain strict time limits, and help with ACAS Early Conciliation and any tribunal claim. If you face redundancy, legal advice can review selection criteria, consultation duties, statutory redundancy pay, and whether suitable alternative roles were offered. If you experience discrimination, harassment, or victimisation related to a protected characteristic, a lawyer can help you raise a grievance, protect your position at work, and pursue the claim if needed.

Workers often need help with unpaid wages, holiday pay disputes, unlawful deductions, or commission and bonus issues. Employees on zero-hours or irregular hours contracts may need advice on holiday accrual, rolled-up holiday pay rules, or exclusivity clauses. Offshore and shift workers sometimes face working time and rest break questions. Whistleblowers who make protected disclosures may need guidance to safeguard their rights. Senior staff may require advice on settlement agreements, restrictive covenants, confidentiality, and share or bonus plans. Employers in Aberdeen seek advice on disciplinary and grievance processes, restructuring and redundancy programmes, TUPE transfers during business sales, managing sickness absence and reasonable adjustments, and defending tribunal claims.

Local Laws Overview

Employment status matters. Rights vary for employees, workers, and the self-employed. A written statement of terms must be provided on or before day one for employees and workers. The National Minimum Wage and National Living Wage set minimum hourly pay, with higher rates for older workers. HMRC enforces pay rules and can investigate underpayment. Working time rules set a 48-hour average weekly cap unless the worker opts out in writing, protect daily and weekly rest, and provide at least 5.6 weeks of paid holiday each year. Specific rules apply to irregular and part-year workers, and rolled-up holiday pay is permitted for certain categories if paid correctly and itemised.

Equality law prohibits discrimination based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Reasonable adjustments are required for disabled employees. Family rights include maternity leave up to 52 weeks, paternity leave, adoption leave, shared parental leave, and parental bereavement leave, with statutory pay if eligibility criteria are met. Statutory Sick Pay is available to eligible employees and some contractual sick pay schemes provide more generous terms.

Dismissal must be fair for employees with the required continuous service. Employers must have a fair reason and follow a fair process, taking account of the ACAS Code of Practice on disciplinary and grievance procedures. Some reasons are automatically unfair and do not require a minimum period of service, including whistleblowing, pregnancy, trade union activities, and asserting a statutory right. Redundancies require fair selection and consultation. Collective consultation is required when proposing 20 or more redundancies at one establishment within 90 days, and the employer must notify the authorities. Statutory redundancy pay depends on age, length of service, and weekly pay caps.

Transfer of Undertakings rules protect employees when a business or service transfers. Existing terms and continuity of employment usually carry over to the new employer. Unlawful deductions from wages are prohibited and payslips must be itemised. Employees can request flexible working from day one, and employers must respond within the statutory timeframe and use fair reasoning. Data protection and privacy laws apply to personnel records and monitoring at work. Health and safety law requires employers to assess risks, train staff, and provide safe systems of work. The Health and Safety Executive regulates safety onshore and offshore. In Aberdeen, offshore and energy sector work may involve specific safety and working time regimes and consultation structures.

Before bringing most tribunal claims, you must contact ACAS for Early Conciliation. Time limits are short, commonly three months less one day from the act complained of, subject to limited extensions for conciliation. Claims in Scotland are heard by the Employment Tribunal in Scotland. Remedies can include compensation, declarations, recommendations, reinstatement, or re-engagement.

Frequently Asked Questions

What is the difference between an employee, a worker, and a self-employed contractor?

An employee has the fullest set of rights and obligations, including unfair dismissal protection and redundancy pay. A worker has core rights like minimum wage, holiday pay, and protection from discrimination, but not all employee rights. Self-employed contractors run their own business and generally do not have worker or employee protections, though misclassification can be challenged. Tribunals look at control, mutuality of obligation, and integration to decide status.

How long do I have to bring an employment tribunal claim in Scotland?

Most claims have a time limit of three months less one day from the dismissal or unlawful act. You must first notify ACAS for Early Conciliation, which pauses the clock while conciliation runs. Some claims, like redundancy pay, may have different limits. Get advice quickly because extensions are limited and strictly applied.

Do zero-hours or irregular-hours workers in Aberdeen get holiday pay?

Yes. Workers are entitled to paid holiday. For irregular or part-year workers, holiday accrual and pay are calculated according to current Working Time Regulations. Rolled-up holiday pay is allowed for certain irregular hours arrangements if paid at the correct rate and shown separately on payslips.

What makes a dismissal unfair?

For employees with the required service, a dismissal must be for a fair reason such as conduct, capability, redundancy, statutory restriction, or some other substantial reason, and the employer must follow a fair process that aligns with the ACAS Code. Certain dismissals are automatically unfair, for example because of pregnancy, whistleblowing, or health and safety activities.

Am I entitled to redundancy pay?

If you are an employee with at least two years of continuous service and are dismissed by reason of redundancy, you are usually entitled to statutory redundancy pay. The amount depends on your age, length of service, and a statutory weekly pay cap. Contractual redundancy schemes can provide more. Consultation duties apply, especially if there are 20 or more redundancies proposed.

What should I do if I am being discriminated against at work?

Keep a written record of incidents, gather relevant documents, and consider raising a grievance using your employer's policy. You can seek advice from ACAS, Citizens Advice, or a solicitor. If unresolved, you may be able to bring a claim to the Employment Tribunal after ACAS Early Conciliation. Time limits are short, so act promptly.

How does ACAS Early Conciliation work?

You notify ACAS that you intend to bring a claim. An ACAS conciliator will contact you and your employer to see if a settlement can be reached. The time limit is paused while conciliation is ongoing. If settlement is reached, it is recorded in a COT3. If not, ACAS issues a certificate and you can proceed to lodge a claim within the remaining time.

Are non-compete and other post-termination restrictions enforceable?

Restrictive covenants like non-compete, non-solicitation, and confidentiality clauses can be enforceable if they protect a legitimate business interest and go no further than reasonably necessary in scope, duration, and geography. Courts scrutinise them closely. Tailored drafting and legal advice are important, especially in senior or specialist roles common in Aberdeen's industries.

What are my rights on pay, bonuses, and deductions?

You must be paid at least the applicable minimum wage and what your contract promises. Employers cannot make deductions from wages unless required by law, permitted by your contract, or you have given prior written consent. Commission and bonuses depend on the scheme rules, which should be clear and applied fairly. Equal pay rules require equal pay for equal work regardless of sex.

I am a contractor in the energy sector. How do IR35 and status affect me?

IR35 tax rules determine whether you are treated as employed for tax when working through a company. In the private sector, many medium and large clients must assess status for tax. Employment status for rights is a separate test, though factors overlap. You may be taxed as employed for IR35 while still lacking employment rights, or you may be a worker for rights. Take advice on contracts and working practices.

Additional Resources

ACAS - Advisory, Conciliation and Arbitration Service. Free guidance on workplace rights and procedures, helpline 0300 123 1100, and Early Conciliation services.

Employment Tribunal Scotland - Handles employment claims in Scotland. Provides guidance on forms, process, and hearing arrangements.

Citizens Advice Scotland and Aberdeen Citizens Advice Bureau - Free local and national advice on employment, benefits, and debt.

Equality and Human Rights Commission - Guidance on discrimination, reasonable adjustments, and equal pay.

Health and Safety Executive - Regulator for workplace health and safety, including offshore safety in the energy sector.

HM Revenue and Customs - Information and enforcement for National Minimum Wage, tax, and National Insurance.

The Pensions Regulator - Guidance on workplace pensions and auto-enrolment duties.

Insolvency Service Redundancy Payments Service - Help with statutory redundancy pay when an employer is insolvent.

Scottish Trades Union Congress and relevant trade unions - Support, representation, and collective bargaining information.

GOV.UK and mygov.scot - Official information on employment rights, benefits, and public services in the United Kingdom and Scotland.

Next Steps

Identify the problem and gather evidence. Keep copies of your contract, payslips, policies, correspondence, meeting notes, and any relevant recordings or photographs. Write a short timeline of key events with dates. Check your employer's policies for grievance, disciplinary, absence, and whistleblowing procedures and follow the steps they set out.

Act quickly to protect time limits. Note the date of dismissal, the act you are complaining about, and any previous grievances. If you may bring a claim, start ACAS Early Conciliation as soon as possible to pause the tribunal deadline while you try to resolve the dispute.

Seek early advice. Contact ACAS or Citizens Advice for initial guidance. If the matter is complex or high value, or if you are nearing a deadline, speak to a solicitor who practices employment law in Scotland. Ask about costs, funding options, legal expenses insurance under any home or motor policy, and likely outcomes.

Try to resolve the issue internally where appropriate. Use informal discussions, a formal grievance, or a without prejudice meeting to explore settlement. Ensure any settlement is recorded in a COT3 via ACAS or a legally compliant settlement agreement signed after independent advice.

Prepare for litigation if needed. If settlement is not possible, file your tribunal claim in time with a clear narrative and supporting documents. Comply with tribunal directions and consider representation at hearings. Keep communicating with the other side about possible resolution throughout the process.

Look after your wellbeing and future plans. Consider support from your GP or employee assistance program if the situation is affecting your health. Update your CV, register with recruiters, and explore training or employability services in Aberdeen while your matter progresses.