Best Wage & Hour Lawyers in Aberdeen

About Wage & Hour Law in Aberdeen, United Kingdom

Wage and hour law in Aberdeen sits within the wider framework of United Kingdom employment law. It covers your legal rights to minimum pay, working hours, rest breaks, paid holidays, payslips, and protection from unlawful deductions. These rules apply to most people who work in Aberdeen, including employees and workers on casual or zero-hours contracts. The same core legislation applies across Scotland, England and Wales, but claims brought by people living or working in Aberdeen are usually handled in the Scottish Employment Tribunal system.

Aberdeen has a diverse economy that includes energy, engineering, hospitality, retail and care. Many people work irregular hours, shift patterns, seasonal roles or offshore rotas. The law has specific rules for irregular hours and part-year workers, for agency workers, and for offshore workers. Understanding how these rules apply to your job and how your pay should be calculated is essential to protecting your income.

Why You May Need a Lawyer

You may need legal advice if you are not being paid the National Minimum Wage or National Living Wage, if your employer is making deductions you did not agree to, or if you have unpaid holiday pay or overtime. A lawyer can assess whether you are legally an employee or a worker even if your contract says self-employed. Your legal status affects your rights to minimum wage, paid holidays and rest breaks.

Legal help is often valuable where pay calculations are complex, for example if you have irregular hours, receive commission or tronc tips, work sleep-in shifts in care, do on-call duties, or split shifts. It is also helpful if your employer is refusing to adjust holiday pay to include regular overtime or commission where required by law.

Time limits for bringing claims are short. Most Employment Tribunal claims must be started within three months less one day, subject to the Acas Early Conciliation process. A lawyer can help you meet deadlines, gather evidence from payslips and timesheets, and choose the best route to recover money owed, whether through the Employment Tribunal, HM Revenue and Customs enforcement for minimum wage, or the civil courts.

If you work offshore in the North Sea or have long-rotational patterns, you may have sector-specific rules and collective agreements. A lawyer familiar with Scottish and offshore working time rules can advise on how travel, standby and offshore transfer time affect your pay and rest entitlements.

Local Laws Overview

Minimum wage and living wage: The National Minimum Wage Act 1998 and Regulations set legally enforceable hourly rates. From April 2024 the National Living Wage applies to workers aged 21 and over. Other bands apply for 18 to 20, under 18, and apprentices. Employers must not average pay below the relevant rate across each pay reference period, typically the period you are paid for. Deductions or charges connected to the job, such as uniforms or tools, can reduce your pay for minimum wage purposes. There is a permitted accommodation offset that caps how much employers can charge for accommodation when calculating compliance.

Payslips and deductions: Under the Employment Rights Act 1996, you are entitled to an itemised payslip that shows gross pay, net pay, deductions and hours if pay varies by time worked. Employers can only make deductions that you have agreed to in writing in advance, are required by law, or are allowed by your contract. If you suffer unauthorised deductions you can claim to the Employment Tribunal.

Working hours and breaks: The Working Time Regulations 1998 limit weekly average working time to 48 hours averaged over a reference period, unless you sign a valid opt-out. You are entitled to 11 hours daily rest, a 20 minute uninterrupted rest break if your working day exceeds six hours, and at least 24 hours weekly rest or 48 hours per fortnight. Night work has stricter limits and health assessment rights. Special protections apply to young workers aged 16 to 17.

Paid holidays and holiday pay: Most workers are entitled to 5.6 weeks of paid holiday each leave year. There is no automatic right to paid time off on bank or public holidays in Scotland unless your contract provides it. For the first four weeks of annual leave, holiday pay must broadly reflect your normal pay, which should include regularly worked overtime, commission and certain allowances. The remaining 1.6 weeks can be paid at basic pay unless your contract is more generous.

Irregular hours and part-year workers: For leave years starting on or after 1 April 2024, the law introduced specific rules for irregular hours and part-year workers. Holiday can accrue at 12.07 percent of hours worked in the pay period, and rolled-up holiday pay is permitted for these workers if it is clearly itemised and calculated correctly. Definitions and carry-over rules are set in the Employment Rights amendment regulations. Check your leave year and payslips to see how your employer applies these rules.

Overtime and on-call: There is no general right to premium overtime rates, but your average pay for hours worked must never fall below minimum wage. Time that counts as working time includes time when you must be at the workplace and on-call. Sleep-in shifts in care are generally not counted as working time for minimum wage unless you are awake and working, but you should be paid for time spent awake for duties. Contract and policy terms can provide better rights.

Travel and training: Travel between assignments during the working day and required training time usually count as working time and must be paid to at least the minimum wage. Ordinary commuting between home and a fixed workplace does not count. Working time rules for peripatetic workers and mobile staff can differ, and there is a distinction between working time rules and minimum wage calculations.

Agency and zero-hours work: Agency Workers Regulations 2010 provide equal treatment on basic terms after 12 weeks in the same role. Exclusivity clauses are banned in zero-hours contracts. Zero-hours workers are entitled to minimum wage, paid annual leave and rest breaks on the same statutory basis.

Offshore and sector-specific rules: Offshore oil and gas workers are covered by specific working time regulations that adapt limits and rest entitlements for offshore conditions. Collective agreements are common. If you work offshore from Aberdeen, seek advice on how offshore rotations, transfer time and onshore travel interact with working time and pay rights.

Tips and service charges: The Employment Allocation of Tips Act 2023 was scheduled to come into force from 1 October 2024 with a statutory code of practice, requiring fair allocation and transparent tipping policies. Check current commencement and Scottish guidance if you work in hospitality in Aberdeen.

Predictable working: The Workers Predictable Terms legislation was expected to introduce a right to request a more predictable working pattern. Check current status and Acas guidance. Separately, from April 2024, the flexible working regime became a day-one right to request changes to hours or patterns.

Enforcement and time limits: Minimum wage underpayment can be enforced by HMRC. Most Employment Tribunal wage claims must be presented within three months less one day of the underpayment or deduction. Early Conciliation with Acas is a mandatory step that pauses the deadline. For a series of deductions, there is a two-year backstop on how far back you can claim in Great Britain. There are currently no fees to bring a claim in the Employment Tribunal.

Frequently Asked Questions

What is the minimum wage in Aberdeen and who gets it

The National Minimum Wage and National Living Wage apply across the UK, including Aberdeen. From April 2024 the top National Living Wage rate applies to workers aged 21 and over. Lower bands apply to 18 to 20, under 18, and apprentices. Most employees and workers must be paid at least the relevant hourly rate for every pay reference period. Certain deductions or charges can reduce pay for minimum wage purposes, such as uniforms or tools, while others, such as tax and National Insurance, do not. If accommodation is provided, only a set daily accommodation offset can be counted toward minimum wage compliance.

Do I get holiday pay on a zero-hours or casual contract

Yes. Most zero-hours and casual workers are legally classed as workers and are entitled to paid annual leave. For leave years starting on or after 1 April 2024, irregular hours and part-year workers can accrue holiday at 12.07 percent of hours worked each pay period. Employers can use rolled-up holiday pay for these workers if the rules are followed and holiday pay is itemised on payslips. You still have the right to take leave.

How should holiday pay be calculated if my pay or hours vary

Holiday pay for at least four weeks of your annual leave must reflect what you normally earn, which can include regular overtime, commission and allowances. Employers usually calculate this using an average of your earnings over a reference period, commonly 52 paid weeks. For irregular hours and part-year workers there are specific accrual and calculation rules from April 2024. The remaining 1.6 weeks can be paid at basic pay unless your contract is more generous.

Am I entitled to overtime pay

There is no automatic legal right to enhanced overtime rates. Your contract or a collective agreement may promise time-and-a-half or double time. Regardless of rates, your average hourly pay for all hours worked must not fall below the minimum wage in any pay reference period, and total hours count towards the 48-hour average weekly limit unless you have opted out.

What counts as working time, including travel, training and sleep-ins

Working time includes time when you are working or required to be at your employer’s premises or another place of work, and typically includes travel between client sites during the day and required training. Commuting from home to a fixed workplace does not usually count. For minimum wage, sleep-in shifts are generally only counted when you are awake for duties. On-call time at the workplace usually counts as working time for working time limits and rest rights, even if you are not actively working.

Can my employer deduct money for uniforms, till shortages or damages

Employers can only deduct money where required by law, permitted by your contract, or with your prior written consent. Deductions for uniforms, training costs, till shortages or breakages must not reduce your pay below the minimum wage for the pay period, except for very limited cases like accommodation offset. If you did not agree to the deduction or it breaches minimum wage rules, you can challenge it.

Are bank or public holidays in Scotland automatically paid days off

No. There is no automatic right to paid leave on Scottish bank or local public holidays unless your contract or workplace policy provides it. Aberdeen City Council sets local public holidays, but these only affect your workplace if your employer adopts them. You are entitled to 5.6 weeks of paid annual leave in total each year, and your employer can count bank holidays toward that entitlement.

What are my rights to rest breaks and the 48-hour limit

If you work more than six hours in a day you are entitled to a 20 minute uninterrupted rest break. You should have 11 hours rest between shifts and 24 hours rest each week or 48 hours each fortnight. Your average working time should not exceed 48 hours per week averaged over a reference period unless you sign an opt-out. Young workers have stricter limits and longer breaks. Some sectors have special rules and collective agreements that vary these rights.

I am called self-employed but treated like staff. Do I get holiday pay and minimum wage

Possibly. The law looks at what happens in practice. If you are controlled by the business, must perform work personally, and are not running your own business on your own account, you may be a worker with rights to minimum wage, paid holidays and rest breaks. Recent court decisions have confirmed worker rights in many platform and gig economy contexts. Get legal advice on your employment status.

What should I do if my wages are short or my payslip is wrong

Act quickly. Gather your contract, timesheets, rota messages, and payslips. Raise the issue in writing with your manager or payroll. If not resolved, use the grievance process. For unauthorised deductions or unpaid holiday pay, you can bring a claim in the Employment Tribunal, usually within three months less one day of the underpayment. You must go through Acas Early Conciliation before filing a claim. For minimum wage underpayment you can also report to HMRC for enforcement. There is a two-year backstop on how far back you can claim for a series of deductions in Great Britain.

Additional Resources

Acas Advisory, Conciliation and Arbitration Service provides free guidance on pay, holidays, working time and the Early Conciliation process. It publishes practical codes and templates.

HM Revenue and Customs enforces the National Minimum Wage and National Living Wage. The Pay and Work Rights service can take reports of underpayment.

Employment Tribunal Scotland hears wage and holiday pay claims from workers in Aberdeen and across Scotland. Tribunal fees were abolished and claims start via Acas Early Conciliation.

Citizens Advice Bureau Aberdeen offers free local advice on wages, contracts and working time rights.

Law Society of Scotland can help you find a solicitor who practices employment law in Aberdeen or elsewhere in Scotland.

Scottish Trades Union Congress and local trade unions such as Unite, Unison, GMB and USDAW provide advice and representation to members on wage and hour issues.

Gangmasters and Labour Abuse Authority licenses labour providers in certain sectors and tackles exploitation and pay abuse in agriculture, shellfish gathering and food processing.

Health and Safety Executive provides guidance on working time, night work and fatigue risk in safety critical sectors, including offshore energy.

Aberdeen City Council provides information about local public holidays and can signpost local employment support and advice services.

Next Steps

Check your status and documents. Gather your contract or assignment terms, employee handbook, rotas, timesheets, clock-in records, text or app messages about shifts, and all payslips. Keep a diary of hours worked, including travel between assignments, training and on-call periods.

Work out what you are owed. Compare your hourly pay to the correct minimum wage rate for your age or apprenticeship status. Review whether regular overtime or commission should be included in your holiday pay. If you are an irregular hours or part-year worker, check how holiday is being accrued and whether rolled-up holiday pay is being itemised correctly.

Raise it early with your employer. Write to your manager or payroll setting out the shortfall and the dates. Ask for a corrected payslip and payment. Be clear, factual and keep copies of all correspondence.

Escalate if needed. Use the formal grievance procedure if the issue is not resolved. Start Acas Early Conciliation promptly because tribunal time limits are short. Early Conciliation pauses the time limit while Acas is involved.

Choose the right enforcement route. For minimum wage issues you can report to HMRC for investigation and arrears. For unauthorised deductions, unpaid holiday pay or breach of contract you can bring an Employment Tribunal claim. If your employment has ended, you may also have a breach of contract claim in the civil courts in Scotland.

Get legal help. Speak to a Scottish employment solicitor, a union representative or an advice agency in Aberdeen. Many solicitors offer an initial consultation or fixed fee options. Ask about funding options. Bring your documents and a timeline.

Check current rules. Some reforms, such as the allocation of tips and predictable terms rights, were scheduled around late 2024. Verify the current position for 2025 before taking action.

Do not delay. Missing a deadline can end your claim. Acting quickly increases your chances of recovering what you are owed.