Employment Law for Individuals & Executives
Protecting Your Rights, Reputation & Career Progression
Workplace disputes and unexpected job terminations are among the most stressful events an individual can experience. Under UK and Scottish employment statutes, employees are granted substantial statutory rights against unfair treatment, unlawful deductions from wages, and discriminatory dismissal. At Torquil Macleod & Co, we act decisively to protect your financial security and professional standing.
Whether you have been presented with a complex Settlement Agreement, subjected to constructive dismissal through an untenable workplace environment, or selected unfairly for redundancy, our dedicated employment solicitors in Inverness and Glasgow provide swift, uncompromising advocacy.
We combine technical mastery of the Employment Rights Act 1996, the Equality Act 2010, and Scottish Employment Tribunal procedures with pragmatic commercial negotiation tactics to secure enhanced severance terms and robust agreed employment references.
Offered a Settlement Agreement?
Legal Fees Reimbursed by EmployerBy statutory requirement under Section 111A of the Employment Rights Act 1996, a Settlement Agreement is only legally binding once you have received advice from an independent qualified solicitor. In almost all circumstances, your employer covers our legal fees in full. We provide immediate 24 to 48-hour turnarounds, negotiating higher ex-gratia compensation, bonus protections, share option releases, and waivers of restrictive covenants.
Book Settlement Agreement ReviewKey Areas of Practice & Representation
Unfair & Constructive Dismissal
Employees with two or more years of continuous qualifying service are protected against dismissal without a fair reason or without statutory procedure.
- Capability and disciplinary performance disputes
- Constructive dismissal following fundamental breach of contract
- Whistleblowing and automatic unfair dismissal protections
- Strict 3-month less one day Employment Tribunal time limits
Discrimination & Equality Act Claims
Robust representation for unlawful direct or indirect discrimination, harassment, and victimisation in the workplace.
- Protected characteristics: sex, maternity, disability, race, age
- Failure to make reasonable workplace adjustments for disabilities
- Equal pay claims and glass ceiling pay disparity audits
- No qualifying length of service required to claim
Redundancy & Reorganisation
Advising on fair redundancy selection matrices, statutory trial periods, collective consultation compliance, and enhanced redundancy terms.
- Challenging sham or pre-determined redundancy selections
- Statutory redundancy pay vs enhanced contractual packages
- TUPE transfers (Transfer of Undertakings) rights
- Suitable alternative employment dispute advisory
Senior Executive Severance & Exits
High-stakes exit negotiations for directors, partners, consultants, and senior managers across Scotland and the UK.
- Post-termination restrictive covenants and non-competes
- Carried interest, LTIPs, and deferred equity treatment
- Mutual non-disparagement and agreed press announcements
- Tax-efficient compensation structuring up to £30,000 exemption
Our 4-Stage Employment Resolution Roadmap
Stage 1: Urgent Case Assessment
Comprehensive review of your contract, correspondence, grievance notes, or draft settlement agreement within 24 hours.
Stage 2: Tactical Strategy & Valuation
Calculating the true financial value of your claims (loss of earnings, pension losses, injury to feelings) to formulate a negotiation stance.
Stage 3: Solicitor-Led Negotiation
Direct engagement with your employer or HR directors to secure increased compensation and contractual protections.
Stage 4: ACAS Early Conciliation & Tribunal
If amicable resolution cannot be reached, lodging ACAS Early Conciliation and formal ET1 tribunal claims in Scottish tribunals.
Understanding Workplace Grievances & ACAS Protocols
Before proceeding to litigation or resigning, submitting a formal written grievance under the ACAS Code of Practice on Disciplinary and Grievance Procedures is often essential. Failing to follow the ACAS Code can result in a 25% adjustment to any tribunal compensation award.
Ensure all emails, appraisal reviews, and contemporaneous notes are securely backed up outside employer servers.
Exercising your statutory right to be accompanied by a colleague or trade union official at formal hearings.
Frequently Asked Questions
Who pays the legal fees for signing a Settlement Agreement?
Under standard UK practice, your employer provides a dedicated legal cost contribution (typically between £500 and £2,000+ VAT), which usually covers our complete advice for reviewing, amending, and executing the agreement.
What is the deadline for raising an unfair dismissal claim in Scotland?
You have exactly 3 months less 1 day from the Effective Date of Termination (EDT) to register for ACAS Early Conciliation. Missing this statutory deadline almost always forfeits your right to bring a claim.
Can I claim unfair dismissal if I have worked less than 2 years?
While ordinary unfair dismissal requires 2 years of continuous service, claims related to discrimination (Equality Act 2010), whistleblowing (PIDA 1998), asserting statutory rights, or health and safety dismissals require ZERO length of service.
What makes constructive dismissal difficult to prove?
You must prove that your employer committed a fundamental repudiatory breach of contract (e.g. unbearable bullying, unilateral pay cut, unsafe working conditions) that forced you to resign without undue delay.
Individuals Department
Robins Simon
Associates Partner
Direct partner supervision on all Scottish matters across our Inverness and Glasgow offices.
Schedule Call with Partner