Best Employment Rights Lawyers in Aberdeen

About Employment Rights Law in Aberdeen, United Kingdom

Employment rights in Aberdeen are governed primarily by United Kingdom law, with tribunals and enforcement bodies operating across Scotland. Whether you work in energy, marine services, health and social care, hospitality, retail, technology, education, or the public sector, the core protections apply to you. These include the right to a written statement of terms, fair pay, paid holiday, rest breaks, protection from discrimination and harassment, family related leave and pay, protection for whistleblowers, reasonable notice, redundancy rights, and protection from unfair dismissal. In Scotland, Employment Tribunals hear disputes locally, including cases arising in Aberdeen and the North East.

Many workers in Aberdeen have atypical patterns of work such as offshore rotations, shift work, or zero hours arrangements. UK law recognises employees, workers, and the genuinely self employed, and your rights depend on your legal status rather than your job title. If you are unsure which category you fall into, get advice early, because status affects your entitlement to holiday pay, minimum wage, sick pay, and protection from unfair dismissal.

Why You May Need a Lawyer

You may benefit from legal help when your employment situation is complex, high stakes, or time sensitive. Common scenarios include disciplinary action, performance management, dismissal or redundancy, allegations of misconduct, whistleblowing, discrimination or harassment, unequal pay, changes to terms and conditions, non payment or deductions from wages, status disputes in gig or contractor arrangements, and restrictive covenants that limit your next role.

A lawyer can assess your legal position, explain risks and options, help you navigate ACAS Early Conciliation, draft without prejudice correspondence, negotiate a settlement agreement, and represent you in an Employment Tribunal. They can also advise on sector specific issues common in Aberdeen such as offshore working time, travel and training time pay, health and safety concerns, and the impact of transfers under TUPE when contracts change hands in oil and gas or public services.

Local Laws Overview

Employment law is largely reserved to the UK Parliament, so the main rules are UK wide. However, how you enforce those rights in Scotland has some local features. Employment Tribunals sit in Scotland, with hearing venues serving Aberdeen and the North East. ACAS provides conciliation across Great Britain, including Scotland. Health and safety at work is enforced by the Health and Safety Executive in Scotland, and certain offshore safety rules apply to workers on the UK Continental Shelf.

Key UK rules relevant in Aberdeen include the right to a written statement of particulars from day one, itemised payslips, National Minimum Wage and National Living Wage compliance, paid annual leave of 5.6 weeks for most workers, rest breaks and limits on working time, Statutory Sick Pay if eligible, family related leave and pay such as maternity, paternity, shared parental and adoption leave, protection from discrimination under the Equality Act 2010, protection for whistleblowing, and the right to request flexible working from day one. Rolled up holiday pay is permitted for irregular hours and part year workers if calculated and shown correctly. Collective consultation rules apply for large scale redundancies, and TUPE protects employees when a business or service transfers.

Time limits are short. Most claims must start with ACAS Early Conciliation and be presented to a tribunal within three months less one day of the act complained of or the effective date of termination. Early Conciliation pauses the clock, but you should get advice quickly to avoid missing deadlines. Unlawful deduction from wages claims also usually have a three month less one day limit from the last deduction. Redundancy pay claims have different limits, so check promptly.

Frequently Asked Questions

What counts as unfair dismissal?

To claim ordinary unfair dismissal you usually need at least two years of continuous service, unless the reason is automatically unfair such as whistleblowing, health and safety activities, asserting certain statutory rights, or discrimination related reasons. A fair dismissal must be for a potentially fair reason such as conduct, capability, redundancy, breach of statutory restriction, or some other substantial reason, and the employer must follow a fair process.

Do I have to use ACAS Early Conciliation before a tribunal claim?

In almost all cases yes. You must notify ACAS before issuing a claim. Conciliation is free and can lead to settlement. It also pauses the time limit for a period. If settlement is not reached you will receive a certificate number that you need to put on the tribunal claim form.

Am I an employee, a worker, or self employed?

Courts look at the reality of the relationship. Factors include control, obligation to provide work and to accept it, the right of substitution, integration into the business, and who bears financial risk. Many contractors and gig workers are found to be workers with rights to minimum wage and holiday pay even if their contract says self employed. Employee status carries additional rights such as unfair dismissal protection.

What are my redundancy rights?

If you have two years service you may be entitled to statutory redundancy pay and notice or pay in lieu, plus consultation. Selection must be fair and objective. Employers must consider suitable alternative roles. Collective consultation rules apply if 20 or more dismissals are proposed in a 90 day period at one establishment. If the employer is insolvent, you may claim certain unpaid sums from the Redundancy Payments Service.

What can I do if my employer makes deductions or does not pay me correctly?

Unlawful deductions from wages are generally not allowed unless required by law, authorised by your contract, or you have given prior written consent. Keep records, raise the issue in writing, use the grievance procedure, and seek advice quickly because time limits are short. HMRC enforces minimum wage compliance.

How does discrimination law protect me?

The Equality Act 2010 protects against discrimination, harassment, and victimisation related to protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Employers must make reasonable adjustments for disabled workers. There is no minimum service requirement to bring a discrimination claim.

What are my working time and holiday rights if I work shifts or offshore?

Most workers have a cap on average weekly hours, daily and weekly rest, and paid annual leave of 5.6 weeks. Offshore and certain safety critical roles have tailored rules, but you still have rights to rest and paid leave. Travel, standby, and training time can count as working time depending on the facts. Rolled up holiday pay is permitted for irregular hours and part year workers if it is transparent and correctly calculated.

Can I request flexible working?

Yes. You can request flexible working from day one of employment. Employers must handle requests reasonably and respond within a statutory timeframe. They can refuse only for specified business reasons. If you have caring responsibilities, you may also have a right to unpaid carer leave. Discrimination laws may also support adjustments to working patterns.

What should I know about settlement agreements?

A settlement agreement is a legally binding contract resolving or preventing claims, usually in return for compensation. You must receive independent legal advice for it to be valid, and your employer typically contributes to the cost. Payments are taxed according to their nature. The agreement should address reference wording, confidentiality, and any post employment restrictions.

How long do I have to bring a claim and what evidence do I need?

Most Employment Tribunal claims must be presented within three months less one day, with the clock paused during ACAS Early Conciliation. Keep your contract, payslips, rotas, emails, messages, meeting notes, and a timeline of events. Save evidence securely and avoid removing confidential material. Act quickly to get advice so you do not miss the deadline.

Additional Resources

ACAS offers free guidance and Early Conciliation for workplace disputes. The Employment Tribunal service handles claims in Scotland, with hearings available for cases arising in Aberdeen and the North East. Citizens Advice Scotland provides practical advice on employment rights. The Law Society of Scotland can help you find a local employment solicitor. The Equality and Human Rights Commission publishes guidance on discrimination and reasonable adjustments. The Health and Safety Executive regulates workplace safety including offshore safety. HM Revenue and Customs enforces the minimum wage and handles tax and National Insurance. The Insolvency Service Redundancy Payments Service deals with payments if your employer is insolvent. Trade unions such as Unite, GMB, RMT, and Prospect provide advice and representation in many sectors common in Aberdeen. Local organisations such as Aberdeen City Council employability services and Skills Development Scotland can signpost support if your employment ends.

Next Steps

Write down what has happened, with dates, names, and outcomes. Gather your contract or written particulars, handbook, payslips, rotas, emails, letters, and notes from meetings. Do not take confidential client or technical documents without permission.

Check time limits immediately. If you may have a claim, start ACAS Early Conciliation as soon as possible to preserve your position while you explore settlement. Use your employer grievance or appeal process where appropriate, and ask to be accompanied to meetings.

Consider funding options. You may have legal expenses insurance attached to home or bank accounts. Trade union membership often includes legal support. Free advice may be available from advice agencies. Depending on the case type and your circumstances, limited forms of legal aid or advice and assistance may be possible in Scotland.

Contact a specialist employment lawyer in Aberdeen or elsewhere in Scotland for an initial assessment. A lawyer can advise on prospects, value, and strategy, help you negotiate changes or an exit, and represent you in the tribunal if needed.

If your situation involves safety offshore, discrimination, whistleblowing, or collective consultation, seek advice urgently. Early, informed steps can protect your rights and improve outcomes.