Russell Bradley

This Practice Note examines the legal issues that arise when engaging an apprentice in Scotland. It provides an introduction to apprenticeships in Scotland, outlining the Scottish modern apprenticeship scheme. The legal framework for common law apprenticeships is outlined, including capacity to enter into a contract of apprenticeship and its duration. The statutory protections afforded to apprentices are examined, including in relation to discrimination, working time, national minimum wage and health and safety. The issues relating to dismissal on conclusion of the apprenticeship are considered and the exclusion of apprentices from the protection of the Fixed-Term Employees (Less Favourable Treatment) Regulations 2002 is noted. The Practice Note explains the issues relating to termination of a common law apprenticeship before its natural end, eg fundamental frustrating events and repudiatory acts, capability, attendance, redundancy, frustration, mutual consent, damages and discipline and grievance issues. The devolution of modern apprenticeships, the role of Skills Development Scotland (SDS) and the Scottish Apprenticeship Advisory Board (SAAB) are also outlined, together with the three types of scheme: foundation, modern and graduate.

This Practice Note provides an overview of matters such as the most common orders sought by employment lawyers in civil courts in Scotland, the structure of the Scottish civil court system, the jurisdiction and key features of each relevant court in Scotland, rights of audience, rules of procedure and other key matters of which employment lawyers should be aware when involved with such claims.

This Practice Note provides an introduction to Scottish employment law (Scots employment law) applied by employment tribunals and courts in Scotland. In particular, it looks at the extent to which statutory employment law made by the UK parliament applies in Scotland in the way it does in England and Wales, and the similarities and differences between Scots law contract law principles applied in Scotland and those applied in England and Wales.

This Practice Note highlights the key differences in the practice and procedure of employment tribunals in Scotland when compared with those sitting in England and Wales, such as how evidence is given and differences in terminology used by the tribunals.

This Precedent is a basic contract of employment (contract of service, employment agreement) for a junior employee, in agreement form (which can be adapted to letter format) for use in Scotland where the contract is governed by Scots (Scottish) law. The contract contains all particulars of employment required by section 1 of the Employment Rights Act 1996 (ERA 1996). No post-termination restrictions (restrictive covenants) or intellectual property provisions. Additional clauses can be added. Covers appointment, duties, probation, hours of work and normal working hours, overtime, salary, pay, remuneration, place of work, mobility, holiday, annual leave, sickness absence and sick pay, terms relating to any other paid leave, discipline, grievances, pension, expenses, benefits, any other benefits not covered elsewhere, any training entitlement, compulsory training, compulsory training that the employer will not pay for, termination, confidential information, data protection and monitoring, variation and change, entire agreement.

This Precedent is a contract of employment, contract of service, designed for a senior employee or executive who is not a director, in the form of a formal agreement, service agreement, service contract or manager’s contract, for use in Scotland where the contract is governed by Scottish law. It contains the particulars of employment required under section 1 of the Employment Rights Act 1996 (ERA 1996, s 1). The drafting is pro-employer but some optional, more pro-employee clauses are included. This Precedent covers duration, duties, conflicts of interest, place of work, mobility, hours, remuneration, expenses, car (allowance), pension, share schemes, insurance, any other benefits not covered elsewhere, incapacity, holidays, terms relating to other paid leave, confidential information, intellectual property, regulatory undertakings, data protection, email, internet and telecommunications, discipline, grievances, termination, garden leave, corporate reconstruction/amalgamation, post-termination obligations, appointment of attorney, applicable law and jurisdiction, bonus, any training entitlement, compulsory training, compulsory training that the employer will not pay for.

This Precedent is a long-form executive service agreement (also known as an employment contract, executive service agreement, director’s service agreement, or service contract) for a director or senior employee, for use in Scotland, where the agreement is subject to Scots law. The drafting is generally pro-employer but some optional, more pro-employee clauses are included. The Precedent contains optional provisions for use where the employer is a listed company. It incorporates employment particulars required by section 1 of the Employment Rights Act 1996 (ERA 1996). Covers duration, duties, probationary period, group companies, conflicts of interest, place of work, mobility, relocation expenses, hours, remuneration, expenses, car (allowance), pension, share schemes, insurance, any other benefits not covered elsewhere, incapacity, holidays, terms relating to other paid leave, confidential information, intellectual property, regulatory undertakings, data protection, email, internet and telecommunications, discipline, grievances, termination, garden leave, corporate reconstruction/amalgamation, change of control, post-termination obligations, appointment of attorney, applicable law and jurisdiction, bonus, any training entitlement, compulsory training, compulsory training that the employer will not pay for.

This Precedent is a short-form executive service agreement (ie also known as an employment contract, director’s service agreement or director’s service contract) for a director or senior employee for use in Scotland where the agreement is subject to Scottish law. The drafting assumes that there are no relevant group companies and that the company is not listed or regulated. The drafting is generally pro-employer but some optional, more pro-employee optional clauses are included. It incorporates employment particulars required by section 1 of the Employment Rights Act 1996 (ERA 1996, s 1) as amended from 6 April 2020. The Precedent covers duration, probationary period, including conditions and duration, duties, conflicts of interest, place of work, mobility, hours, remuneration, expenses, car (allowance), pension, share schemes, insurance, any other benefits not covered elsewhere, incapacity, holidays, terms relating to any other paid leave, confidential information, intellectual property, regulatory undertakings, data protection, email, internet and telecommunications, discipline, grievances, termination, garden leave, corporate reconstruction/amalgamation, change of control, post-termination obligations, appointment of attorney, applicable law and jurisdiction, bonus, any training entitlement, compulsory training, compulsory training that the employer will not pay for.

This Precedent is a short form employment settlement agreement for use in Scotland, where Scots (Scottish) law applies. It is designed for use where the termination arrangements are relatively straightforward. Under the terms of the agreement the employee (or worker) waives statutory and contractual claims against the employer (with the option to exclude personal injury claims and certain accrued rights under an occupational pension scheme) and the employee receives a one-off termination payment, which may include a statutory and/or contractual redundancy payment and/or a payment in lieu of notice (PILON). Optional clauses cover expenses, payment into a registered pension scheme, benefits, secrecy of settlement terms, provision of an agreed or standard form reference, and return of employer’s property. The drafting preserves the employee’s existing confidentiality obligations and post-termination restrictions (restrictive covenants).