info@twcolaw.co.uk Phone: +44 7863 768741
Scottish Employer Legal Counsel

Employment Law for Employers & HR

Protecting Your Business Against Employment & HR Liabilities

Managing a modern workforce in Scotland requires continuous compliance with complex, fast-evolving employment regulations. A procedural defect in disciplinary hearings, a flawed redundancy consultation, or an unenforceable restrictive covenant can result in catastrophic financial awards and reputational harm before an Employment Tribunal.

At Torquil Macleod & Co, our employment solicitors in Inverness and Glasgow act as strategic legal partners to HR directors, managing directors, and business owners across Scotland.

We provide bespoke executive employment contracts, staff handbooks, TUPE transfer management, disciplinary and grievance oversight, exit settlement drafting, and formidable defence before Employment Tribunals in Glasgow, Inverness, Edinburgh, and Aberdeen.

Are Your Employment Contracts & Handbooks Fully Compliant?

HR Compliance Audit

Under the Employment Rights (Miscellaneous Amendments) Regulations, employers must provide a Day-One Written Statement of Terms to all workers. Outdated contracts with generic restrictive covenants fail to protect company IP and client databases when key staff leave. We conduct full HR contract and handbook audits.

Book HR Contract Audit

Key Areas of Practice & Representation

Executive Contracts & Restrictive Covenants

Drafting watertight service agreements for directors, partners, and senior management.

  • Post-termination non-compete, non-solicitation, and non-dealing covenants
  • Confidentiality covenants and intellectual property protection
  • Garden leave and Payment in Lieu of Notice (PILON) clauses
  • Directors' fiduciary duties and service agreement termination rules

Disciplinary, Grievance & Performance

Guiding HR and management step-by-step through contentious workplace disputes.

  • Conducting ACAS-compliant gross misconduct investigations
  • Managing long-term sickness absence and disability adjustment audits
  • Performance improvement plans (PIPs) and capability dismissals
  • Whistleblowing and protected disclosure investigation protocols

Redundancies, Restructuring & TUPE

Managing corporate reorganizations, collective redundancies, and business sales.

  • Fair redundancy selection matrices and consultation timelines
  • Collective consultation obligations (20+ redundancies / Section 188)
  • TUPE (Transfer of Undertakings) information and consultation compliance
  • Post-transfer harmonization of contractual terms

Employment Tribunal Defence

Tenacious defence of employers before Scottish Employment Tribunals.

  • Drafting ET3 responses and grounds of resistance
  • Defending claims of unfair dismissal, discrimination, and whistleblowing
  • ACAS Early Conciliation tactical negotiation and COT3 agreements
  • Advocacy at Preliminary Hearings and full multi-day Tribunal trials

The Employer Disciplinary & Dismissal Protocol

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1. Fact Investigation

Gathering contemporaneous evidence and conducting impartial investigation.

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2. Formal Notice of Hearing

Issuing written allegation letter, evidence bundle, and right to be accompanied.

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3. Disciplinary Hearing

Conducting fair hearing allowing employee full opportunity to present defence.

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4. Outcome & Appeal

Issuing reasoned written outcome with statutory right of appeal to independent manager.

Statutory Redundancy Notice & Consultation Rules

Statutory overview and comparative framework under Scots Law

Number of Redundancies Consultation Period Mandatory HR1 Form to Insolvency Service
Under 20 Employees No statutory minimum (reasonable period) Not required
20 to 99 Employees Minimum 30 Days before first dismissal Mandatory filing (HR1 form)
100+ Employees Minimum 45 Days before first dismissal Mandatory filing (HR1 form)

Defending Equality Act 2010 Claims (Uncapped Tribunal Awards)

Unlike ordinary unfair dismissal (which has a statutory cap on the compensatory award), discrimination and whistleblowing claims carry completely uncapped compensation, including high awards for "Injury to Feelings" under the Vento guidelines.

The Statutory Defence

Employers can escape liability for employee harassment if they prove they took "all reasonable steps" (regular equality training and robust anti-bullying policies).

Vento Band Compensation

Injury to feelings awards reach over £50,000 in severe cases of prolonged discrimination.

Frequently Asked Questions

What is the ACAS Code of Practice on Disciplinary Procedures?

A statutory standard for handling workplace misconduct. Unreasonable failure by an employer to follow the Code allows Tribunals to increase compensation by up to 25%.

Can an employer enforce a 12-month non-compete clause in Scotland?

Scottish courts strictly enforce restrictive covenants only if they protect a legitimate business interest (trade secrets, customer connections) and are no wider than reasonably necessary in duration and geographical scope.

What is a Section 111A Settlement Agreement?

A statutory mechanism under the Employment Rights Act 1996 allowing employers to hold confidential pre-termination negotiations with an employee without discussions being admissible in an unfair dismissal tribunal.

What is TUPE in a business purchase?

The Transfer of Undertakings (Protection of Employment) Regulations protect employee rights when a business or service provision changes hands, transferring contracts automatically on existing terms.

Transparent Fees & Retainer Options

We offer an Employer HR Retainer Package with monthly telephone/email support, fixed-fee employment contract suites, and competitive hourly rates for Tribunal defence.

Instructing Partner

Robins Simon

Associates Partner

Direct partner supervision on all Scottish matters across our Inverness and Glasgow offices.

Schedule Call with Partner