Common Questions
Employment Law FAQs — Scotland
How long do I have to bring an employment tribunal claim in Scotland?
Most employment tribunal claims in Scotland must be brought within three months less one day from the incident. This includes unfair dismissal, discrimination, and unpaid wages claims. You must also complete ACAS early conciliation before starting your claim, which can pause the time limit. Missing this deadline usually means losing your right to claim, so seek legal advice immediately.
Where are employment tribunals held in Scotland?
Employment Tribunal Scotland has two main hearing centres in Glasgow and Edinburgh. Your case will typically be allocated to the centre nearest your workplace or home. Some preliminary hearings may be conducted by telephone or video conference. The tribunal can also arrange hearings in other Scottish cities for exceptional cases.
Do I need a solicitor for Employment Tribunal Scotland?
While you can represent yourself at Employment Tribunal Scotland, having a solicitor significantly improves your chances of success. Employment law is complex, and employers often have legal representation. A solicitor ensures your claim is properly prepared, deadlines are met, and your case is presented effectively at hearing.
What is ACAS early conciliation in Scotland?
ACAS early conciliation is mandatory before most employment tribunal claims in Scotland. You contact ACAS, who will attempt to resolve your dispute with your employer without going to tribunal. This free service lasts up to six weeks and stops the clock on time limits. Even if conciliation fails, you need the certificate to proceed.
How much does Employment Tribunal Scotland cost?
Employment Tribunal Scotland charges no fees for bringing claims following their abolition in 2017. However, you may face costs for legal representation, expert witnesses, or if you lose and the tribunal makes a costs order against you (rare in employment cases). Legal aid through SLAB may be available for discrimination claims.
Can I claim unfair dismissal in Scotland with less than two years' service?
Generally, you need two years' continuous employment to claim ordinary unfair dismissal in Scotland. However, some dismissals are automatically unfair regardless of service length, including dismissal for whistleblowing, trade union activities, pregnancy, or asserting statutory rights. Discrimination claims also have no qualifying period.
What compensation can Employment Tribunal Scotland award?
Employment Tribunal Scotland can award various remedies including reinstatement, re-engagement, or compensation. Unfair dismissal compensation includes a basic award (calculated like redundancy pay) and compensatory award (currently capped at £115,115 or 52 weeks' pay, whichever is lower). Discrimination awards are unlimited and can include injury to feelings.
How long do employment tribunal proceedings take in Scotland?
Employment tribunal proceedings in Scotland typically take 6-12 months from claim to hearing, depending on complexity and tribunal workload. Simple cases may be heard within 4-6 months, while discrimination or whistleblowing claims often take longer. Case management procedures aim to ensure cases progress efficiently through the Scottish tribunal system.
