Scottish, Welsh and Northern Irish materials

Employment law in Scotland

Practice Note: Employment law in Scotland provides an introduction to employment law applied by employment tribunals and courts in Scotland. In particular, it looks at the extent to which statutory employment law made by the UK Parliament applies in Scotland in the way it does in England and Wales, and the similarities and differences between contract law principles applied in Scotland and those applied in England and Wales.

The Practice Note covers topics such as:

1. •

   the statutory regime

2. •

   contracts of employment

3. •

   implied terms

4. •

   contract interpretation

5. •

   promise

6. •

   contracts and rights of third parties

7. •

   termination of employment

8. •

   the mutuality principle and constructive dismissal

9. •

   remedies for breach of contract

10. •

    judicial review

11. •

    restrictive covenants (post-termination restrictions)

12. •

    damages in claims of discrimination

13. •

    ‘without prejudice’ discussions

14. •

    the public sector equality duty

15. •

    gender representation on public boards

Scottish employment tribunal practice and procedure

Practice Note: Scottish employment tribunal practice and procedure highlights the key differences