Employment claims in Scottish civil courts
Produced in partnership with Russell Bradley of Ampersand Advocates
Employment claims in Scottish civil courts

The following Employment guidance note Produced in partnership with Russell Bradley of Ampersand Advocates provides comprehensive and up to date legal information covering:

  • Employment claims in Scottish civil courts
  • Orders sought by employment lawyers in Scottish civil courts
  • The structure of the Scottish civil courts
  • The Court of Session
  • The sheriff court
  • Rights of audience
  • Procedural rules
  • Hearing fees
  • Breach of contract claims—key points
  • Injunctive (interlocutory) relief
  • more

Scottish civil courts, like their counterparts in England and Wales, can and do decide certain employment disputes. However, there are very significant differences between the civil court systems in Scotland and in England and Wales which practitioners need to be aware of.

This Practice Note provides an overview of:

  1. the most common orders sought by employment lawyers in Scottish civil courts

  2. the structure of the Scottish civil court system

  3. the jurisdiction and key features of each relevant court

  4. rights of audience

  5. rules of procedure

  6. important points about:

    1. breach of contract claims in Scotland

    2. injunctive (interlocutory) relief in Scotland

    3. dawn raids in Scotland

    4. industrial relations disputes in Scotland

    5. equality of terms claims in Scotland

The purpose of this Practice Note is to provide an introduction to the key features of the Scottish civil court system for employment lawyers. It is not intended to and does not purport to be a comprehensive account of all features and intricacies of civil court procedure in Scotland.

Practitioners outside Scotland should seek advice from a practitioner in Scotland in relation to litigation in Scottish civil courts.

It is important to note that it is mandatory in Scottish civil claims that the representative on record for a party is a solicitor in Scotland. Unlike the situation in relation to employment tribunals in Scotland, English solicitors cannot be on record as