Best Hiring & Firing Lawyers in Aberdeen

About Hiring & Firing Law in Aberdeen, United Kingdom

Hiring and firing law in Aberdeen operates under United Kingdom employment legislation, with cases in Scotland handled by Employment Tribunals in Scotland. Most core rights and obligations are UK-wide, such as protection against unfair dismissal, discrimination, redundancy procedures, and minimum wage. Scottish features mainly relate to the tribunal and court system, certain disclosure checks through Disclosure Scotland, and the availability of Scotland-specific advice services. Whether you are an employer building a compliant recruitment process or an employee concerned about how your employment ended, the rules aim to ensure fairness, transparency, and lawful decision-making.

Key themes include fair recruitment that avoids discrimination, right to work checks, clear contracts, lawful management of performance and conduct, appropriate use of probationary periods, compliance with working time and pay rules, and a fair and consistent process for dismissals and redundancies. Most disputes are resolved informally or via conciliation, and more complex matters can proceed to an Employment Tribunal in Scotland.

Why You May Need a Lawyer

Hiring and firing decisions carry legal, financial, and reputational risk. A lawyer can help you assess risk early, document decisions, and resolve disputes efficiently. Legal advice is valuable for employers and employees alike.

Employers commonly seek legal help to draft compliant job adverts and offers, structure background and disclosure checks, set up contracts and policies, navigate disciplinary or grievance investigations, manage capability or performance issues, plan reorganisations and redundancies, conduct collective consultation, negotiate settlement agreements, and defend Employment Tribunal claims. Advice helps align processes with the ACAS Code of Practice and other legal requirements, reducing the risk of claims and uplifts in compensation.

Employees often need advice when they suspect discrimination or whistleblowing detriment, face disciplinary action or dismissal, are selected for redundancy, receive a settlement agreement, dispute pay, holiday, or hours, or need clarity on their status as an employee or worker. A lawyer can assess the merits, manage time limits, engage in ACAS Early Conciliation, and represent you at a tribunal if needed.

Local Laws Overview

Employment status and contracts: Rights depend on status employee, worker, or self-employed. Contracts should set out pay, hours, notice, place of work, probation, and key policies. Workers and employees have different statutory protections. Zero hours contracts are lawful, but exclusivity clauses are generally unenforceable for such arrangements and for certain low-paid workers.

Recruitment and equality: The Equality Act 2010 protects against discrimination on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Recruitment must be non-discriminatory. Pre-employment health questions are restricted to limited purposes such as establishing adjustments. References are not usually mandatory unless required by regulation, but right to work checks are required for all hires.

Right to work checks: Employers must verify an employee has permission to work in the UK. Checks must be carried out in line with Home Office guidance. Apply checks consistently to avoid discriminatory treatment.

Data protection: Recruitment and HR processing must comply with UK GDPR and the Data Protection Act 2018. Be transparent about data use, keep data secure, and retain only as long as necessary.

Working time and pay: The Working Time Regulations 1998 cover hours, rest, and paid annual leave. The National Minimum Wage and National Living Wage set lawful pay floors. Overtime, holiday pay, and irregular hours rules must be managed carefully, particularly for variable hours workers.

Discipline and grievance: The ACAS Code of Practice sets expectations for fair process investigation, meeting, decision, and appeal for disciplinary and grievance matters. A tribunal can adjust compensation by up to 25 percent for unreasonable failure to follow the Code.

Dismissal and notice: To dismiss fairly you need a fair reason capability, conduct, redundancy, statutory restriction, or some other substantial reason, and a fair process. Statutory minimum notice generally is one week after one month of service, then one additional week per complete year up to 12 weeks, unless the contract provides more. Payment in lieu of notice is common but must be handled correctly for tax and contractual purposes.

Unfair dismissal and qualifying service: Most unfair dismissal claims require two years continuous employment. Some reasons are automatically unfair from day one, such as health and safety, whistleblowing, certain pregnancy or family leave reasons, and trade union activities.

Redundancy: Redundancy must be genuine with fair selection and consultation. Statutory redundancy pay applies after two years service and is calculated by age, length of service, and a weekly pay cap. Collective consultation is required where proposing 20 or more redundancies at one establishment within 90 days, with notification to the Secretary of State using the HR1 form.

Settlement agreements: These can waive specific statutory claims if they meet legal requirements including written terms and independent legal advice for the employee. ACAS guidance recommends allowing a reasonable period to consider terms.

Flexible working: Employees have a day one right to request flexible working. Employers must consult and decide within a set period, and can refuse only for permitted business reasons.

TUPE business transfers: When activities are transferred, employees may transfer with continuity preserved. Informing and consulting representatives is required, and dismissals connected with the transfer are closely scrutinised.

Tax on termination payments: Notice pay is taxable. Certain ex gratia termination payments may benefit from the 30,000 pounds tax exemption, but employers should calculate post-employment notice pay and apply current tax rules.

Scotland-specific points: Employment Tribunals in Scotland hear cases arising in Aberdeen and elsewhere in Scotland. Disclosure and PVG checks for regulated work are handled by Disclosure Scotland. Civil court time limits for contractual claims differ from the rest of the UK in some circumstances, but most employment disputes are pursued in the Employment Tribunal with strict three months less one day limits, paused during ACAS Early Conciliation.

Frequently Asked Questions

What should an employer include in a job advert to stay compliant

Use clear, objective criteria tied to the role. Avoid discriminatory wording and unnecessary requirements that could disadvantage protected groups. State essential skills, qualifications, and whether the role requires right to work in the UK. Explain how you will assess candidates and how you will accommodate reasonable adjustments.

How do right to work checks operate in practice

Before employment begins, verify identity and work permission using acceptable documents and record the date and method of the check. For many non British and non Irish nationals the online checking service is used with a share code. For British and Irish passport holders, employers can conduct a manual in-person check or use a certified digital identity service. Apply the same process consistently to all candidates.

Can I ask candidates about health or disability during hiring

You can ask limited questions to determine whether the applicant can carry out essential functions with adjustments, to establish if adjustments are needed for the recruitment process, or for monitoring diversity in a way that does not influence shortlisting. Avoid questions about general health or sickness absence until after a job offer, and then only if necessary and lawful.

What is a fair disciplinary process for misconduct

Follow the ACAS Code. Investigate the facts, set out allegations in writing with evidence, hold a meeting with reasonable notice, allow the employee to be accompanied, consider mitigation, and issue a reasoned decision with a right of appeal. For gross misconduct, dismissal may be appropriate if the evidence supports it and you followed a fair process.

Can I dismiss an employee during probation

Probation does not remove statutory rights. You must still avoid discrimination and automatically unfair reasons. Provide contractual or statutory notice, whichever is greater, unless there is gross misconduct. A short and fair process is still advisable, particularly if concerns have been raised about performance or conduct.

How do redundancy selections work lawfully

Define a genuine redundancy situation and a fair selection pool, apply objective criteria, consult individually, explore suitable alternative roles, and calculate statutory redundancy pay for eligible employees. If proposing 20 or more redundancies within 90 days at one establishment, undertake collective consultation with representatives and file the HR1 form on time.

What are the time limits to bring a claim in Scotland

Most Employment Tribunal claims must be presented within three months less one day of the act complained of, such as the effective date of termination for unfair dismissal. You must contact ACAS for Early Conciliation first, which pauses the time limit. Deadlines are strict, so seek advice promptly.

Do employees have a right to flexible working

Yes. Employees can make a request from day one. Employers must consult, consider the request reasonably, and reach a decision within the statutory timeframe. Refusals must rely on permitted business reasons and be explained clearly.

What should a settlement agreement include

It must be in writing, identify the specific complaints being settled, provide consideration such as compensation, confirm the employee has received independent legal advice from a qualified adviser with insurance, and state the adviser and firm. Payment terms, tax treatment, confidentiality, references, and agreed announcements are commonly included.

How do criminal record and PVG checks work in Scotland

For roles involving regulated work with children or protected adults, the Protecting Vulnerable Groups PVG scheme through Disclosure Scotland applies. For other roles, use the appropriate level of disclosure only where lawful and proportionate. Ensure checks are relevant to the role and handled in line with data protection and equality requirements.

Additional Resources

ACAS Advisory, Conciliation and Arbitration Service for guidance on hiring, discipline, grievances, and early conciliation.

Employment Tribunals Scotland for information about tribunal processes and venues.

Law Society of Scotland to find accredited employment solicitors.

Citizens Advice Scotland for free guidance on workplace rights.

Equality and Human Rights Commission Scotland for discrimination law guidance.

Disclosure Scotland for PVG and disclosure checks.

Information Commissioner s Office for data protection and HR records guidance.

Health and Safety Executive for workplace health and safety requirements.

HM Revenue and Customs for PAYE, national insurance, and termination payment tax rules.

UK Visas and Immigration for right to work and employer checking guidance.

Skills Development Scotland for information on apprenticeships in Scotland.

Next Steps

Identify your objectives and gather key documents. For hiring matters collect job descriptions, adverts, interview notes, right to work records, and draft contracts and policies. For firing or dispute matters collect the contract, handbook, correspondence, performance or conduct records, meeting notes, and any calculations on pay, notice, holiday, or redundancy.

Check your timelines. If you are considering a claim, note the three months less one day limit for most Employment Tribunal claims and start ACAS Early Conciliation without delay. If you are an employer, plan processes and meetings to ensure compliance with the ACAS Code and statutory rules, and document each step.

Seek early legal advice. A solicitor experienced in Scottish employment practice can assess risk, help with strategy and documentation, and represent you in negotiations or at a tribunal. Employees offered a settlement agreement should obtain independent legal advice to validate the agreement.

Consider supportive routes. Engage with ACAS for conciliation, speak with a trade union if you are a member, and consult independent advice agencies in Aberdeen or nationally. Some employees may have legal expenses insurance through household or packaged bank accounts that can fund advice and representation.

Implement or agree resolutions. For employers, update policies, training, and templates to prevent recurrence. For employees, confirm outcomes in writing and follow any agreed steps such as return to work plans or references. Keep accurate records to protect your position if issues arise later.

If matters escalate, prepare for tribunal. Comply with tribunal time limits and orders, assemble evidence and witness statements, and seek representation where appropriate. In Scotland, hearings can be listed in Aberdeen or other Scottish venues or conducted by video, depending on arrangements.