Westwater Advocates
2 Experts
10 Contributions by Westwater Advocates Experts
PRACTICE NOTES
This Practice Note
This Practice Note offers an overview of employment law as administered by employment tribunals and the courts in Scotland. Specifically, it examines:
the degree to which statutory employment legislation enacted by the UK Parliament operates in Scotland in the same way as in England and Wales, and
the parallels and distinctions between contract law principles applied in Scotland and those applied in England and Wales
The roles of the Scottish employment tribunals and the EAT in Scottish matters are subject to a ‘qualified transfer’ to Scotland, meaning an Order in Council is required before responsibility can pass to the Scottish Parliament. The Scottish Government consulted on a draft Order in 2016. The current position is that the Scottish Government awaits a draft Order in Council from Westminster. There is, at present, no operative date for any transfer of functions.
Employment
PRACTICE NOTES
Scottish civil courts
Scottish civil courts, like those in England and Wales, can and do determine certain employment disputes. Nevertheless, there are substantial differences between the civil court systems in Scotland and in England and Wales that practitioners must appreciate. This Practice Note sets out an overview of:
the most common orders sought by employment lawyers in Scottish civil courts
the structure of the Scottish civil court system
the jurisdiction and principal features of each relevant court
rights of audience
rules of procedure
important points concerning:
breach of contract claims in Scotland
injunctive (interlocutory) relief in Scotland
dawn raids in Scotland
industrial relations disputes in Scotland
equality of terms claims in
Employment
PRACTICE NOTES
This Practice Note explores the legal issues involved in taking on an apprentice in Scotland, setting out the context and key distinctions.
Introduction to apprenticeships in Scotland
The apprenticeship contract has its roots in Scotland’s Middle Ages, where it served to control and often monopolise the craft or business carried on in certain trades. By the early nineteenth century, courts were already being asked to separate apprenticeship agreements from other, usually employment, contracts, and that inquiry has persisted ever since. Today, the Scottish Modern Apprenticeship system is markedly different and widespread. It is largely state backed, aiming to align skills with the needs of business and industry across sectors. Modern Apprentices learn in the workplace as well as through colleges and universities, combining practical experience with formal study. Training providers supervise and oversee the apprenticeship throughout. Contemporary arrangements are frequently tripartite, bringing together
Employment
PRACTICE NOTES
This Practice Note outlines the principal contrasts in how employment tribunals operate in Scotland compared with those in England and Wales. Now that oversight of Scottish employment tribunals has been devolved to Scotland, it is uncertain whether these distinctions will be consolidated and broadened in future...
Statutory framework and constitution
Although Scottish tribunals may proceed differently from those in England and Wales, the underlying statutory regime is identical. The structure and procedures of Scottish tribunals are set out in a single code: the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155. Before 2004, Scotland followed its own procedural rules. Given that this statutory scheme governs Scottish employment tribunals, the primary point of reference should be the ET Rules 2024, SI 2024/1155. Nevertheless, employment tribunals in Scotland have their own President, appointed by the Lord President of the (Scottish) Court of Session, who is
Employment
PRECEDENTS
Contract of employment dated [ insert date ]
Parties
[ Name of Employer ] [ of [ insert address ] OR a company incorporated in [ Scotland ] (registered number [ insert number ]) whose registered office is at [ insert address ] ] (we or us);
[ Name of employee ] of [ insert address ] (you).
Appointment
1.1 We will employ you in line with the terms and conditions contained in this contract.
1.2 [ [ Option 1: Continuity (no earlier period of employment counts): ] Your employment with us under this contract [ will commence OR commenced ] on [ insert date ] (the 'Start Date'). Your period of continuous employment with us [ commenced on OR will commence on ] the Start Date, and no employment with any previous employer counts towards your period of continuous employment with us. OR
1.3 [ Option 2:
Employment
PRECEDENTS
This Agreement is entered into on [ insert date or leave date blank ] [ year ].
Parties
[ Insert Employer’s name ], whose registered office is at [ insert Employer’s address ], company registration number [ insert Employer’s company number ] (Employer); and
[ Insert Employee’s name ] of [ insert Employee’s address ] (you).
The parties agree as follows:
1 Termination of employment
1.1 Your employment with the Employer [ will terminate OR terminated ] due to [ insert reason for termination ] on [ insert date ] ( Termination Date ).
1.2 You [ will be OR have been ] paid the accrued basic salary (less deductions for income tax and primary class 1 (employee) National Insurance contributions ( PAYE Deductions )) and [ will have OR have ] received your contractual benefits [ , including a payment of £[ insert amount ] in respect of [ insert
Employment
PRECEDENTS
This Agreement is executed on [ date ]
Parties
1 [ Name of company ] , a company constituted in [ Scotland ] bearing registered number [ number ] with its registered office at [ address ] (the Company ); and 2 [ Name of employee ] , of [ address ] ( you )...
Employment
PRECEDENTS
This contract is made on [ date ]
Parties
[ Name of company ] , a company formed in Scotland with registered number [ insert company number ] whose registered office is at [ address ] (the Company ); and
[ Name of employee ] , of [ address ] ( you )...
Employment
PRECEDENTS
apprenticeship agreement dated [ insert date ]
Parties
[ Name of Employer ] [ of [ insert address ] OR a company incorporated in [ Scotland ] (registered number [ insert number ]) with its registered office at [ insert address ] ] (we or us);
[ Name of APPRENTICE ] of [ insert address ] (you).
1 Appointment
1.1 This agreement constitutes a contract of apprenticeship. It lasts for a fixed term of [ insert the duration of the fixed term, eg four years ], and is governed by the provisions of this agreement. When that term ends, we are under no duty to keep you on.
1.2 You are engaged in line with the terms and conditions contained in this agreement...
Employment
PRECEDENTS
This Agreement is entered into on [ insert date ]
Parties
[ NAME OF COMPANY ], a company incorporated in [ Scotland ] under registered number [ insert number ], with its registered office at [ insert address ] (the Company); and
[ NAME OF EMPLOYEE ], of [ insert address ] (you)...
Employment
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