Scottish employment tribunal practice and procedure

Produced in partnership with Russell Bradley of Ampersand

Practice notes

Scottish employment tribunal practice and procedure

Produced in partnership with Russell Bradley of Ampersand

Practice notes

This Practice Note highlights 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

Russell Bradley

Advocate, Ampersand

Russell Bradley was admitted as an advocate on 1st June 2012. Prior to that, he was in private practice as a solicitor for over 20 years. In the latter 10 years, he worked exclusively in the employment field as partner and head of the Scottish employment team with the global law firm DLA Piper. His work covered the whole gamut of employment issues. He was accredited as a specialist in employment law by the Law Society of Scotland and has retained that exclusive focus on employment work in his years since coming to the Scottish Bar.

His practice is primarily first instance in the employment tribunal where he is regularly and frequently instructed across the UK by many well-known brand names in the retail, finance, facilities and transport industries.

His covenant work involves advising both employers and employees on their enforceability and appearing when they are litigated, for interim and final remedies.

He is ranked as a leading junior in employment in Scotland by Legal 500.

Jurisdiction(s):

United Kingdom

Key definition:

Employment tribunal definition

What does Employment tribunal mean?

The principal forum for the hearing of employment related complaints between an employee and employer.

Scottish employment tribunal practice and procedure

Produced in partnership with Russell Bradley of Ampersand

Scottish employment tribunal practice and procedure

Produced in partnership with Russell Bradley of Ampersand

Statutory framework and Constitution

Advocate, Ampersand

Key definition:

Employment tribunal definition

What does Employment tribunal mean?

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