Best Employment Rights Lawyers in Aberdeen

About Employment Rights Law in Aberdeen, United Kingdom

Employment rights in Aberdeen operate under United Kingdom law, with cases in Scotland heard in the Scottish Employment Tribunal system. Most core rights are set by UK statutes that apply across the country, including the Employment Rights Act 1996, Equality Act 2010, Working Time Regulations 1998, and related regulations and codes. Aberdeen has a distinctive local economy that includes oil and gas, renewables, life sciences, education, health and social care, hospitality and retail. Many workers in the North East of Scotland work shifts, offshore rotations, or irregular hours, which can raise specific issues about working time, travel time, holiday pay and health and safety. If you live or work in Aberdeen, you benefit from the same national protections, with Scottish procedures for tribunals, courts and enforcement.

Why You May Need a Lawyer

People seek legal help with employment rights when they face dismissal, redundancy, discrimination, whistleblowing detriment, unpaid wages or holiday pay, changes to terms, or transfer of employment to a new employer. A lawyer can assess whether a dismissal is unfair, negotiate a settlement agreement, guide you through ACAS Early Conciliation, prepare an Employment Tribunal claim, and advise on tactics and evidence. Legal advice is often vital where there are tight time limits, complex allegations such as discrimination or whistleblowing, contested status such as worker vs employee, restrictive covenants and confidentiality issues, or where you need to protect immigration status. In Aberdeen, specialist advice can also help with offshore and shift working, large scale reorganisations in energy and public sectors, and unionised workplaces.

Local Laws Overview

Employment status and contracts: Your rights depend on whether you are an employee, a worker, or genuinely self employed. Employees have the widest range of protections, but workers also have key rights such as national minimum wage and holiday. Since 2020 you have a right to a written statement of particulars on or before day one. Check that your contract reflects reality.

Pay and deductions: You must be paid at least the National Minimum Wage or National Living Wage depending on age. These rates change every April. Unlawful deductions from wages can be challenged. Equal pay for equal work is protected. From 2024, employers must pass tips to workers in full and keep a written policy and records.

Working time and holidays: The default weekly working time limit is 48 hours averaged over a reference period unless you opt out. You are entitled to 5.6 weeks of paid holiday each year, with specific rules for shift, irregular hours and part year workers. Recent reforms allow rolled up holiday pay for some irregular and part year workers if strict conditions are met. Holiday pay must reflect normal remuneration, which may include regular overtime and allowances.

Family and caring rights: Statutory maternity, paternity, adoption and shared parental leave and pay are available if eligibility rules are met. From 2024, there is a day one right to request flexible working and a new right to unpaid carer’s leave. Protections from redundancy during and after family leave have been extended, including protection during pregnancy and for a period after returning to work.

Flexible and predictable work: You can make two flexible working requests in a 12 month period from day one. There is also a right to request a predictable working pattern if your hours are unpredictable, with employers required to consider and respond within set timescales by law and code of practice.

Dismissal and redundancy: Most employees gain unfair dismissal protection after two years’ service, but some reasons are automatically unfair from day one, such as whistleblowing, health and safety, pregnancy and family leave, asserting statutory rights, or discrimination. Redundancy requires fair selection and consultation, and statutory redundancy pay may be due. Collective consultation duties apply for larger redundancies. Weekly pay caps and multipliers for redundancy are set by law and adjusted annually.

Discrimination and harassment: The Equality Act 2010 protects against 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. Employers must take reasonable steps to prevent harassment. From late 2024, employers have an enhanced duty to take reasonable steps to prevent sexual harassment, supported by a statutory code.

Health and safety: Employers must ensure a safe workplace and consult workers on health and safety. This is crucial for offshore and industrial environments common in the Aberdeen area. Workers are protected from detriment or dismissal for raising health and safety concerns.

Whistleblowing: Disclosures in the public interest about wrongdoing can be protected under whistleblowing law. Protection can apply to workers as well as employees.

Unions and collective rights: You have the right to join a trade union and not be subjected to detriment for union membership or activities. Collective agreements may modify terms in unionised workplaces.

Business transfers TUPE: If a contract or undertaking transfers, employees usually transfer on existing terms, with protection against dismissal or detrimental changes connected to the transfer unless there is an economic, technical or organisational reason with changes in the workforce. Consultation duties apply.

Data protection and monitoring: Employers must handle personal data lawfully and fairly. Monitoring such as CCTV, email and tracking must be proportionate and communicated.

Settlement agreements: These are binding contracts waiving claims in return for compensation or other terms. You must receive independent legal advice for them to be valid, and the employer will usually contribute to your legal costs.

Time limits and tribunals in Scotland: Most Employment Tribunal claims must be presented within three months less one day of the act complained of. ACAS Early Conciliation is mandatory before you can submit a claim and usually pauses the time limit. Some claims have different limits. Cases arising in Aberdeen are heard in the Scottish Employment Tribunals, with in person and remote hearings available. Tribunal fees are not payable.

Frequently Asked Questions

What counts as unfair dismissal and do I need two years’ service

A dismissal must be for a fair reason such as conduct, capability, redundancy, breach of statutory duty or some other substantial reason, and the employer must follow a fair procedure. Most employees need two years’ continuous service to claim ordinary unfair dismissal. You do not need two years for automatically unfair reasons such as pregnancy or family leave, whistleblowing, trade union activities, or raising health and safety concerns. Discrimination claims do not require any minimum service.

How do I start a claim and what deadlines apply in Aberdeen

Start by notifying ACAS for Early Conciliation. You cannot usually lodge a Tribunal claim until you have an ACAS certificate. The basic deadline is three months less one day from the dismissal or the act you are complaining about, but the clock is paused during Early Conciliation. Some claims have different limits. Claims arising in the North East of Scotland are heard in the Scottish Employment Tribunal system. Do not miss the deadline even if you are still discussing settlement.

Am I entitled to redundancy pay and consultation

If you are an employee with at least two years’ service and are dismissed for redundancy, you are usually entitled to statutory redundancy pay calculated from age, length of service and a capped weekly pay rate. Employers must consult individually, and if proposing 20 or more redundancies at one establishment within 90 days, they must collectively consult for a minimum period and notify the government. Selection must be fair and non discriminatory. Suitable alternative employment should be considered.

What can I do about discrimination or harassment at work

Keep a detailed written record of what happened, when and who was involved. Use your employer’s grievance policy and consider support from a union. Employers can be liable for harassment by employees if they did not take reasonable steps to prevent it. You may bring a Tribunal claim for discrimination, harassment or victimisation. Medical evidence and occupational health input can help if your health is affected. There are strict time limits, so seek advice early.

How is holiday pay calculated and can my employer roll up holiday pay

Holiday pay should reflect normal pay, not just basic pay, and should include regular overtime and allowances where they are part of normal remuneration. For irregular hours and part year workers, recent reforms allow rolled up holiday pay if specific conditions are met and it is clearly shown on payslips. Employers must apply the correct accrual and carry over rules. Disputes often arise in shift and offshore patterns, so check your contract and payslips carefully.

I am on a zero hours contract - what are my rights

You have the right to the national minimum wage, paid holiday, rest breaks and protection from discrimination. Exclusivity clauses that prevent you from working elsewhere are generally unenforceable for zero hours workers. You can request a predictable working pattern if your hours are uncertain. If you regularly work certain hours, you may have arguments that your contractual terms or status should reflect that reality.

What are my rights to flexible working or predictable hours

You can make a flexible working request from day one of employment and make two requests in a 12 month period. Employers must consult and respond within set time limits and have limited grounds to refuse. Workers with unpredictable hours can request a more predictable pattern, with a statutory process and rights of appeal. A good business case, evidence of how your role can be covered, and reference to the employer’s policies can improve your prospects.

Do I get sick pay and what evidence do I need

If you meet the eligibility rules, you are entitled to Statutory Sick Pay for a limited period, and your contract may offer enhanced company sick pay. Employers may require self certification for short absences and fit notes from your GP for longer absences. Dismissing a genuinely sick employee without a fair capability process and reasonable adjustments for disability risks unfair dismissal and discrimination claims.

My employer is changing terms or selling the business - what are my TUPE rights

Under TUPE, if your role transfers to a new employer because a business or service transfers, your employment usually moves on existing terms and with continuity preserved. Dismissals or detrimental changes connected to the transfer can be unlawful unless there is a genuine economic, technical or organisational reason with changes in the workforce and a fair process. Employers must inform and consult affected employees or their representatives.

What is a settlement agreement and why do I need independent advice

A settlement agreement is a legally binding contract where you waive claims, often in exchange for a tax efficient payment and other terms such as a reference, notice pay and confidentiality. It is only valid if you receive advice from an independent solicitor or certified adviser, and employers usually contribute to the legal fee. You should ensure the agreement accurately reflects sums owed, post employment restrictions, and any agreed explanation for your departure.

Additional Resources

ACAS - Advisory, Conciliation and Arbitration Service for guidance and Early Conciliation. Employment Tribunals Scotland for claim procedures and venues. Citizens Advice Scotland and local Aberdeen bureaux for free advice. Law Society of Scotland for finding an employment law solicitor. Equality and Human Rights Commission Scotland for discrimination guidance. Health and Safety Executive for workplace safety. HM Revenue and Customs for minimum wage and tax. Scottish Trades Union Congress and local union branches for representation. Aberdeen City Council employment and welfare support services. Redundancy Payments Service for insolvent employer situations.

Next Steps

Act quickly because most claims have short time limits. Gather key documents such as your contract, payslips, emails, meeting notes, policies, and any evidence of what happened. Write a clear timeline of events and identify your objectives, for example to keep your job, negotiate terms, or bring a claim. Raise concerns internally using grievance or whistleblowing channels, and keep records of all submissions and responses. Contact ACAS to start Early Conciliation if dismissal, pay, redundancy or discrimination issues cannot be resolved. Speak to your union if you have one. Seek advice from a Scottish employment lawyer with experience in Aberdeen sector issues, especially for offshore, shift working or large reorganisations. Check whether you have legal expenses insurance through home or motor policies that can fund advice and representation. If offered a settlement agreement, do not sign until you have taken independent legal advice and confirmed all payments and terms. If a claim is necessary, your solicitor can prepare the claim form, schedule of loss and evidence, and represent you through the Scottish Employment Tribunal process.

This guide is for general information only and is not legal advice. For advice on your specific situation in Aberdeen, consult a qualified employment law solicitor.