Best Wage & Hour Lawyers in Aberdeen

About Wage & Hour Law in Aberdeen, United Kingdom

Wage and hour law in Aberdeen is governed by United Kingdom employment legislation that applies across Scotland, with cases heard in the Scottish Employment Tribunal system. If you live or work in Aberdeen, your rights on pay, working time, rest breaks, holidays, and related entitlements are largely set by statutes such as the Employment Rights Act 1996, the Working Time Regulations 1998, and the National Minimum Wage framework. Local practice also reflects the city’s industries, including energy and offshore work, where special working time rules can apply.

Key themes include your right to be paid at least the legal minimum for all hours worked, to receive paid annual leave and rest breaks, to protection from unlawful deductions, and to fair allocation of tips. Many disputes arise from misunderstandings about employment status, how working time is measured, or how holiday and overtime should be paid.

Why You May Need a Lawyer

You may want legal advice if you suspect underpayment of the National Minimum Wage or the National Living Wage, have unpaid overtime or commission, or believe your employer has made unlawful deductions from your wages. Lawyers can also help if your holiday pay seems too low, your employer refuses rest breaks, or you are pressured to sign a 48-hour opt-out against your wishes.

Legal support is valuable where your employment status is unclear. Many Aberdeen workers in hospitality, care, delivery, oil and gas, and contractor roles fall into grey areas between employee, worker, and self-employed contractor. Your status affects your rights to minimum wage, holiday pay, sick pay, and more.

Specialist advice can be crucial for offshore and shift-based roles, where travel, standby, and on-call arrangements make working time calculations complex. A solicitor can assess records, advise on time limits, handle ACAS Early Conciliation, and represent you in the Employment Tribunal or Scottish courts if needed.

Local Laws Overview

National Minimum Wage and National Living Wage: Most workers in Aberdeen must be paid at least the statutory minimum. Rates vary by age and apprenticeship status and usually change each April. From 2024 the National Living Wage applies to workers aged 21 and over. Employers must keep accurate pay and time records and ensure total pay divided by total hours does not fall below the minimum.

Working Time Regulations 1998: The default weekly working limit is an average of 48 hours over a reference period, unless you sign an individual opt-out. You are entitled to a 20-minute uninterrupted rest break if you work more than 6 hours, 11 hours of daily rest, and a weekly rest period. You must receive at least 5.6 weeks of paid annual leave each year. Night work is subject to additional limits and free health assessments.

Holiday pay: Holiday pay must reflect normal remuneration. Regular overtime, commission, and allowances that are part of normal pay should usually be included in holiday pay calculations, not just basic pay.

Unlawful deductions from wages: Employers cannot deduct money from wages unless the law allows it, the contract permits it, or you have given prior written consent. Claims usually need to be brought within 3 months less one day of the last deduction for Employment Tribunal proceedings. In Scotland, some wage debt claims can also be pursued in the Sheriff Court, which has different time limits.

Employment status: Employees and workers have different rights. Employees have the most extensive protections, but workers are still entitled to minimum wage, paid holiday, and rest breaks. Labels are less important than the reality of the relationship, including control, personal service, and integration into the business.

Tips and service charges: The Employment Allocation of Tips Act 2023 is in force. Employers must pass tips on to workers in full, allocate them fairly, have a written tips policy, and keep records. Deductions from tips are generally not permitted except for tax.

Zero-hours and casual work: Zero-hours contracts are lawful in the United Kingdom, but exclusivity clauses are banned for zero-hours and many low-paid workers. From 2024, workers also have a right to request a more predictable working pattern. You still accrue holiday and must receive minimum wage for all working time.

Family-related pay and sick pay: Statutory sick pay and statutory payments for maternity, paternity, adoption, and shared parental leave are available if you meet eligibility rules. Rates and thresholds change annually. Contractual policies may provide more generous terms.

Enforcement and forums: ACAS provides advice and mandatory Early Conciliation before Tribunal claims. HMRC enforces minimum wage breaches. The Scottish Employment Tribunal hears most wage and working time claims with hearing venues in Aberdeen and across Scotland. Some contractual pay disputes can be taken to the Sheriff Court. Time limits are short, so act promptly.

Offshore and sector-specific rules: Offshore workers connected to the North Sea may fall under the Offshore Working Time Regulations and related regimes. Working time, travel, and leave arrangements can be complex. Seek specialist advice if you work offshore, in seafaring, aviation, or road transport.

Frequently Asked Questions

What minimum wage applies in Aberdeen and how do I check my rate

The National Minimum Wage framework applies across the United Kingdom, including Aberdeen. The National Living Wage applies to workers aged 21 and over, with lower bands for 18 to 20, under 18, and eligible apprentices. Rates change every April. Check your age band, apprenticeship status, and pay period. If you are classed as a worker, you should not be paid less than the applicable rate once total pay is divided by total hours worked.

Can my employer make me work more than 48 hours a week

Not without your agreement. The legal default limit is an average of 48 hours a week over a reference period. You can sign an opt-out if you wish, but you cannot be forced to do so or treated badly for refusing. You still have rights to rest breaks and paid holidays regardless of an opt-out.

Do I get an overtime premium in the United Kingdom

There is no general statutory right to enhanced overtime rates. Your contract or collective agreement may provide a premium. Employers must ensure that your average pay does not fall below the minimum wage when overtime hours are included, and they must pay for all hours worked.

How should my holiday pay be calculated if I do regular overtime or earn commission

Holiday pay should reflect your normal remuneration. Regular overtime, commission, and allowances that you normally receive should usually be included. For workers with irregular hours or pay, holiday pay can be based on a 52-week reference period of paid weeks. Keep detailed records and check your payslips.

Are zero-hours contracts legal in Aberdeen and what rights do I have

Yes, zero-hours contracts are lawful, but exclusivity clauses are banned for zero-hours and many low-paid workers. You are entitled to minimum wage, paid holiday, rest breaks, and protection from unlawful deductions. You can request a more predictable working pattern under recent legislation. You should receive reasonable notice of shifts and pay for shifts cancelled at short notice if your contract provides for it or if failure to pay would cause minimum wage breaches.

What if I think I have been paid less than the minimum wage

Raise the issue in writing with your employer and keep copies of your timesheets, rotas, and payslips. You can seek help from ACAS and ask HMRC to investigate. If needed, you can bring an Employment Tribunal claim within strict time limits. You are protected from being treated badly for asserting your minimum wage rights.

How long do I have to start a claim

Most Employment Tribunal wage and working time claims must be started within 3 months less one day of the underpayment or breach. You must contact ACAS for Early Conciliation before submitting a claim, which pauses the time limit for a short period. Equal pay claims have different limits, and some contractual wage claims can be pursued in the Scottish courts with a 5-year prescriptive period. Get advice quickly.

Are tips and service charges mine in Aberdeen hospitality jobs

Under the Employment Allocation of Tips Act 2023, employers must pass tips and service charges to workers in full, distribute them fairly, have a written tips policy, and keep records. You can request information about tip allocations. Employers should not deduct from tips except for tax.

Does travel time count as working time

It depends. Commuting from home to a fixed workplace is not usually working time. Travel between client sites during the day usually counts. For mobile workers without a fixed base, travel from home to the first job and from the last job home can count. On-call and sleep-in arrangements are fact sensitive. Time when you must be on site and at the employer’s disposal is more likely to count. Keep accurate records and seek advice for your situation.

I work offshore near Aberdeen. Do different rules apply

Yes. Offshore work is covered by specific regulations on working time and leave. Rota patterns, travel to installations, and time offshore can affect how working time and holidays are calculated. Because arrangements vary by operator and contract, get tailored advice and retain all travel and shift records.

Additional Resources

ACAS - Advisory service for workers and employers, including Early Conciliation. ACAS helpline: 0300 123 1100.

HMRC - National Minimum Wage enforcement and pay queries. You can report underpayment confidentially.

Employment Tribunals Scotland - Hears wage, holiday, working time, and equal pay claims, with hearing venues including Aberdeen.

Aberdeen Citizens Advice Bureau - Free local advice on employment rights.

Aberdeen Law Project - Student-led clinic that may assist with certain employment matters.

Scottish Trades Union Congress and local union branches - Support and representation if you are a union member.

Health and Safety Executive - Enforcement of certain working time and night work provisions in specific sectors.

Law Society of Scotland - Find a solicitor with expertise in employment law.

Next Steps

Write down what happened. Keep a timeline of shifts, hours worked, rest breaks, and conversations. Save rotas, timesheets, contracts, handbooks, and payslips. Accurate records are the foundation of any wage claim.

Raise it early with your employer. Use email or a written grievance so there is a paper trail. Be clear, factual, and ask for a response by a set date.

Get independent advice. Contact ACAS for guidance and to start Early Conciliation if matters are not resolved. Speak to a local employment solicitor in Aberdeen, your trade union, or Citizens Advice. Ask about time limits and likely outcomes.

Act before deadlines. Most Tribunal wage and working time claims have a 3 months less one day limit, paused while ACAS Early Conciliation runs. Equal pay and contractual claims may have different limits. Do not wait.

Consider settlement. Many disputes resolve through Early Conciliation or negotiation. A lawyer can quantify arrears, holiday pay adjustments, interest, and any injury to feelings where discrimination is alleged.

Choose representation that fits. In Scotland, check for a solicitor accredited in employment law. Ask about fees, whether legal expenses insurance under a home policy will cover the case, and what documents they need.

If you work offshore or in a complex rota or bonus environment, seek specialist advice. Sector rules and local practices in the Aberdeen area can materially change how working time and pay are assessed.

This guide is general information, not legal advice. For advice about your situation, consult a qualified employment lawyer in Scotland promptly.