Scottish employment law
Produced in partnership with Russell Bradley of Ampersand
Scottish employment law

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

  • Scottish employment law
  • The statutory regime
  • Contracts of employment
  • Atypical working
  • Agricultural workers
  • Modern slavery
  • Implied terms—trust and confidence
  • Implied terms—fidelity and good faith
  • Contract interpretation
  • Promise
  • more

This Practice Note provides an introduction to employment law applied by employment tribunals and courts in Scotland. In particular, it looks at:

  1. 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

  2. the similarities and differences between contract law principles applied in Scotland and those applied in England and Wales

The functions of the Scottish employment tribunals are due to be transferred to Scotland from Her Majesty’s Courts and Tribunals Service, under the Scotland Act 2016 (SA 2016). However, the substantive law which is applied by those tribunals will remain as it is. In other words, when applying the law relevant to any dispute before it, Scottish tribunals will apply the law as they always did.

The statutory regime

From as early as 1831, legislation was necessary to afford some protection to those in ‘employment’. The Truck Act 1831 was designed to provide basic protection for payment of ‘wages’ and being an Act of the UK parliament, extended over the whole of Great Britain and Ireland, including Scotland.

The dramatic increase in employment legislation since the 1960s came from the UK parliament (albeit in some instances with influence from Europe) and with very few and particular exceptions applies to employment in Scotland.

On the establishment of the Scottish