Scottish employment tribunal practice and procedure
Produced in partnership with Russell Bradley of Ampersand
Scottish employment tribunal practice and procedure

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

  • Scottish employment tribunal practice and procedure
  • Statutory framework and constitution
  • Proposals for reform as a result of devolution to the Scottish government
  • Following precedent
  • When the Scottish employment tribunal has jurisdiction
  • Presenting a claim
  • Fees no longer payable
  • Legal aid
  • Initial consideration and early case management
  • Judicial assessment
  • more

This note sets out to highlight the main differences in the practice of employment tribunals in Scotland when compared with those sitting in England and Wales.

With responsibility for Scottish employment tribunals now devolved to Scotland, it remains to be seen if those differences will be reinforced and become wider in scope.

Statutory framework and constitution

While employment tribunals in Scotland operate in some different ways from their counterparts in England and Wales, it is important to recognise that the statutory framework is the same. The constitution and procedure of Scottish tribunals are governed by the single set of rules in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, SI 2013/1237 (ET (Constitution and Rules of Procedure) Regs 2013). Prior to 2004, Scotland had separate rules of procedure.

The 2013 regime came about as a result of a review, the purpose of which was to develop a new set of rules to ensure cases could be managed effectively, flexibly, proportionately and consistently in a system that is fair to all parties. The rules were also reviewed to ensure that they are simple and simply expressed.

Because the statutory framework for Scottish employment tribunals is this statutory framework, primary reference should be made to the Employment Tribunal Rules of Procedure 2013 (ET Rules 2013).

That said, the employment tribunals in Scotland have their