Best Hiring & Firing Lawyers in Stonehaven

About Hiring & Firing Law in Stonehaven, United Kingdom

Stonehaven sits within Scotland and the wider United Kingdom legal framework, so the core employment rules that govern hiring and firing are UK wide with Scottish procedures for tribunals and courts. Employers in Stonehaven must comply with statutory rights on contracts, pay, hours, holiday, family leave, equality, and fair dismissal. Employees and workers have legal protections from recruitment through exit. Many practical questions arise around right to work checks, probation, performance management, redundancy, and settlement agreements. Getting these steps right reduces legal risk and helps maintain respectful workplace relationships in Stonehaven and across Aberdeenshire.

Why You May Need a Lawyer

You may need a lawyer if you are planning to dismiss or make roles redundant. A solicitor can assess whether you have a fair reason, whether you followed a fair procedure, and whether consultation duties apply. This is especially important where there are capability, conduct, or long term sickness issues, or where collective redundancy consultation might be triggered.

You may need legal advice during recruitment and onboarding. This covers drafting compliant contracts and policies, right to work checks, fair selection criteria, avoiding discrimination, and handling pre employment checks such as PVG membership where roles involve regulated work with vulnerable groups.

You may need support when an issue arises mid employment. Examples include grievances, disciplinary investigations, whistleblowing disclosures, requests for flexible or predictable working patterns, and adjustments for disability. A lawyer can help ensure you meet statutory duties and follow the Acas Code of Practice.

You may need representation if a dispute escalates. Common scenarios include claims of unfair dismissal, discrimination, unpaid wages or holiday pay, breach of restrictive covenants, or TUPE related disputes in a business sale. Time limits are short, so early advice is key.

You may need help negotiating exits. Solicitors draft and advise on settlement agreements, ensure the terms are enforceable, and explain the tax and confidentiality implications for both employers and employees.

Local Laws Overview

Employment status and contracts. UK law distinguishes employees, workers, and self employed contractors. Many rights, such as unfair dismissal and redundancy pay, apply only to employees. Written terms must be provided on or before day one. Probationary periods are common but do not remove statutory rights such as protection from discrimination or the right to notice and accrued holiday pay.

Recruitment and right to work. Employers must check a person has the right to work in the UK before employment begins. Checks must be compliant and non discriminatory. For certain roles in Scotland involving regulated work with children or protected adults, PVG membership through Disclosure Scotland is required.

Pay, hours, and holiday. National Minimum Wage and National Living Wage rates change regularly, and employers must pay at least the applicable rate. Working Time Regulations set limits on weekly working time and entitlements to rest and paid holiday. From 2024 rolled up holiday pay is permitted for irregular hours and part year workers if specific rules are followed.

Family and related leave. Statutory maternity, paternity, adoption, shared parental, and parental leave apply. From 2024 some rights were expanded, including day one flexible working and carer’s leave. Protection from redundancy during and after family leave has been extended, including during pregnancy and for a period after return to work.

Equality, diversity, and harassment. The Equality Act 2010 protects against discrimination, harassment, and victimisation on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. From 2024 employers have a proactive duty to take reasonable steps to prevent sexual harassment, supported by a statutory code.

Disciplinary, grievance, and procedure. The Acas Code of Practice sets out fair steps for disciplinary and grievance processes. Failure to follow the Code can affect compensation in a tribunal. Keep thorough records, investigate fairly, allow a companion at formal hearings, and provide appeal routes.

Dismissal. A dismissal is usually only fair if it is for a potentially fair reason such as conduct, capability including performance or health, redundancy, statutory illegality, or some other substantial reason, and if a fair process is followed. Most employees need two years service to claim ordinary unfair dismissal, but discrimination and certain automatic unfair dismissal claims do not require this service period.

Redundancy. Genuine redundancy arises where business closure, workplace closure, or diminished need for work occurs. Employers must consult individually, apply fair selection, consider alternatives, and pay statutory redundancy pay where eligible. Collective consultation is required where 20 or more redundancies are proposed within 90 days at one establishment, with specific consultation and notification duties.

TUPE. In business transfers or service provision changes, employees may transfer automatically with their terms protected. There are duties to inform and in some cases consult. Changes connected to the transfer are restricted unless there is an economic, technical, or organisational reason entailing changes in the workforce and proper process is followed.

Flexible and predictable working. From 2024 employees have a day one right to request flexible working, and there is a new right to request a more predictable working pattern for certain workers with variable hours. Employers must follow statutory decision processes and timescales.

Data protection and monitoring. UK GDPR and the Data Protection Act 2018 apply to recruitment and employment data. Employers must have lawful bases, be transparent, and apply data minimisation and security. Monitoring such as CCTV or IT monitoring must be proportionate and explained.

Health and safety. Employers have duties to manage workplace risks under the Health and Safety at Work etc. Act 1974 and supporting regulations. Duties include risk assessment, training, and consultation with workers or safety representatives.

Trade unions and consultation. Workers have rights to union membership and to be accompanied. Collective agreements and information and consultation arrangements may apply. Detriment for union activity is unlawful.

Restrictive covenants and confidential information. Post termination restrictions must be reasonable in scope, geography, and duration to be enforceable. Well drafted confidentiality clauses protect legitimate business interests such as trade secrets and client lists.

Scottish forum and procedure. Employment Tribunal claims arising in Stonehaven are typically brought in the Scottish Employment Tribunal system. Acas Early Conciliation is required for most claims before lodging. Remedies and procedures align broadly with the rest of Great Britain, with Scottish rules for jurisdiction and enforcement.

Frequently Asked Questions

Is employment law different in Scotland and how does that affect Stonehaven employers and workers

Substantive employment rights are broadly the same across Great Britain, but tribunal proceedings in Stonehaven fall within the Scottish jurisdiction. You will use Acas Early Conciliation and then the Scottish Employment Tribunal venues. Certain checks such as PVG membership are specific to Scotland.

What makes a dismissal fair

A dismissal is usually fair only if there is a fair reason such as conduct, capability, redundancy, statutory illegality, or some other substantial reason, and if a fair and reasonable process is followed. This includes investigation, a hearing with the right to be accompanied, consideration of mitigation, and an appeal. Discrimination or retaliation for whistleblowing is unlawful regardless of length of service.

Can I dismiss during probation without risk

Probation does not remove statutory rights. You must give at least statutory notice and pay accrued holiday. You must not discriminate or dismiss for an automatically unfair reason. A short and fair process with warnings and support is still advisable.

How much notice must be given on termination

Statutory minimum notice depends on length of service, on top of any higher contractual notice. Payment in lieu can be used if the contract allows or the parties agree. Gross misconduct can justify summary dismissal without notice after a fair process.

What are my obligations when making redundancies

You must identify a genuine redundancy situation, consult meaningfully, use fair selection criteria, consider suitable alternative roles, and pay statutory redundancy pay where eligible. If proposing 20 or more redundancies within 90 days at one establishment, collective consultation and notification to the government are required within set timescales.

Do I have to follow the Acas Code of Practice

The Code is not law but tribunals take it into account. Unreasonable failure to follow it can increase or decrease compensation by up to 25 percent. Following the Code also improves fairness and documentation.

How do right to work checks operate

Checks must be done before employment starts. You can use acceptable original documents, a compliant online check, or an identity service provider in limited cases. Copy and record the date, make the check in a non discriminatory way, and repeat checks when time limited permission is due to expire.

Are settlement agreements binding

Yes if they are in writing, relate to particular complaints, and the employee receives independent legal advice from a qualified adviser. Without these formalities the waiver of claims is unlikely to be effective.

What are the rules on flexible or predictable working requests

Employees can make a day one request for flexible working. Eligible workers with unpredictable patterns can request a more predictable working pattern. Employers must follow statutory steps, consult before refusing, and give reasons permitted by law within the decision period.

What is TUPE and when does it apply in Stonehaven

TUPE protects employees when a business or service transfers, including many outsourcing or insourcing changes. Employees usually transfer automatically with their terms. There are information and consultation duties, and restrictions on dismissals or changes connected to the transfer unless strict conditions are met.

Additional Resources

Acas Advisory, Conciliation and Arbitration Service for guidance, Early Conciliation, and codes of practice.

Scottish Employment Tribunals for claim forms, venues, and procedural guidance.

Citizens Advice Scotland for free employment law guidance for workers and small employers.

Law Society of Scotland for finding regulated solicitors and specialist employment lawyers.

Disclosure Scotland for PVG membership and criminal record checks for regulated work.

Equality Advisory Support Service for help with discrimination and equality questions.

Health and Safety Executive for workplace health and safety standards and guidance.

HM Revenue and Customs for National Minimum Wage compliance and payroll obligations.

UK Visas and Immigration for right to work rules and employer sponsorship guidance.

Aberdeenshire Council and Business Gateway for local business support and workforce advice.

Next Steps

Act promptly. Most Employment Tribunal claims must start Acas Early Conciliation within a short period and are usually subject to a three months less one day limitation period from the act complained of. Redundancy payment claims can have different deadlines. Time limits are strict, so seek advice early.

Gather documents. Collect contracts, handbooks, emails, meeting notes, performance records, medical or occupational health reports, and payroll records. Good records make advice faster and outcomes better.

Assess risk and objectives. Clarify what you want to achieve, for example performance improvement, a compliant redundancy process, settlement negotiations, or a tribunal claim or defence.

Get tailored legal advice. Contact a qualified employment solicitor experienced in Scottish practice. Discuss funding options such as fixed fees, insurance cover, or trade union support where applicable.

Follow a clear plan. For employers, map out a compliant process with dates, letters, and meetings. For employees, use internal procedures first where appropriate, such as grievances or appeals, alongside Acas Early Conciliation if a dispute persists.

Keep communication respectful. Many disputes settle through dialogue, mediation, or Acas conciliation. A constructive tone and accurate records support better outcomes.

Review and improve. After any hiring or firing process, update contracts, policies, and training to reduce future risk and align with the latest UK and Scottish developments.