Scotland · Employment Law
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Legal context
Employment law in Scotland follows the same UK-wide framework as England and Wales, including the Employment Rights Act 1996, Equality Act 2010, and other GB-wide legislation. However, employment disputes in Scotland are heard before Employment Tribunal Scotland, which has dedicated hearing centres in Glasgow and Edinburgh. ACAS (Advisory, Conciliation and Arbitration Service) provides conciliation services across Scotland, and early conciliation remains mandatory before bringing most tribunal claims. While the substantive employment law is consistent across Great Britain, Scottish employment solicitors must be registered with the Law Society of Scotland and understand local procedural rules. The Scottish Government has devolved powers over certain employment support services, but employment law itself remains reserved to Westminster.
Key legislation: Employment Rights Act 1996
At a glance
Employment Tribunal Scotland operates from Glasgow and Edinburgh offices, handling all employment disputes for Scottish workers. Claims follow the same procedures as elsewhere in GB, with hearings conducted by an Employment Judge sitting alone or with lay members. Appeals go to the Employment Appeal Tribunal in Edinburgh.
Before bringing most tribunal claims in Scotland, you must contact ACAS for early conciliation. This free service aims to resolve disputes without formal proceedings. ACAS operates throughout Scotland and issues certificates required to proceed with tribunal claims.
Most employment tribunal claims in Scotland must be brought within three months less one day from the date of the incident. This strict deadline applies to unfair dismissal, discrimination, and wage claims. Extensions are rare and require exceptional circumstances.
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Common questions
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.
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.
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.
Acas early conciliation is required before most employment tribunal claims in Scotland. Acas may try to resolve the dispute and, if it does not settle, issues a certificate needed for the claim. Acas says early conciliation can last up to 12 weeks. It changes how the deadline is calculated, so check the certificate dates and current official guidance.
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.
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.
An Employment Tribunal can order reinstatement or re-engagement, or award compensation. For dismissals to which the rate from 6 April 2026 applies, the ordinary unfair-dismissal compensatory award is capped at the lower of 52 weeks' gross pay or £123,543. Discrimination compensation is not capped in the same way.
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.
General information only. It may not apply to your facts, and rules or time limits can change.
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