Employment law in Scotland

Employment law governs the relationship between workers and their employers. Employment lawyers advise their clients on everything to do with that relationship from ensuring the recruitment processes undertaken are fair to implementing friendly working practices, through to dismissal, redundancy, transfer of undertakings and restrictions enforced on ex-employees.

Employment law is logical, exciting and real. It is also a challenging labyrinth of legislation and case law, which is constantly changed, expanded, repealed and expanded again!

An employment law solicitor's work

The majority of employment lawyers will do some contentious work. This will predominantly involve employment disputes raised in the Employment Tribunals although cases are also raised in the Sheriff Courts and the Court of Session. Most firms do a mixture of contentious work, acting on behalf of both employers and employees. However, larger commercial firms are more likely to act for employers and smaller firms for individuals, although these generalisations are very basic.

The non-contentious employment work gives lawyers the opportunity to offer support work to other legal areas, such as corporate and real estate. Employment issues arise in almost all corporate and commercial deals. Complex regulations are in force and it is critical that businesses are aware of the latest developments and potential pitfalls of the employment field when entering commercial contracts.

With so many ongoing changes in employment law, keeping in touch with core areas of risk is now more important than ever. A key role of the employment lawyer will therefore be the delivery of support to the human resources departments of businesses. Training seminars will be undertaken to ensure that these departments are kept up to date with changes to employment law.

Employment has always been one of the most heavily regulated areas of public life. It is also a matter that affects everyone at some point in their life, whether as employee or employer. One benefit is that an employment lawyer’s workload does not tend to suffer the highs and lows of the corporate and commercial sectors. Cases are interesting, some can be high profile and when the sector attracts the associated media attention it can add a little excitement to the working day. The downsides of the area include clients who don’t mind instructing but don’t like paying and the myriad of unclear statutes that the sector finds itself enveloped in at times.

Skills required

• A personality. An ability to understand and relate to clients from a variety of backgrounds is key.
• Core legal skills. Employment law can be extremely detailed at times and a lawyer needs an understanding of both the detail and overall implications in order to give proper guidance to the client.
• An ability to juggle. Time management and an ability to adapt are essential tools of the trade.

Traineeships in employment law

Trainees will do a little bit of everything. Their main responsibility will be legal and commercial research in support of their supervisor’s work. They will be responsible for ensuring that important cases or legislative changes are brought to their department’s attention. Trainees will also get the opportunity to assist the fee earners in the preparation for cases by drafting witness statements or defences. They may also gain drafting experience in non-contentious areas.

Types of law practised

• Civil court procedure.
• Contract.
• Employment.

About the author

RUSSELL BRADLEY is a partner in the employment, pensions and benefits group of DLA PIPER SCOTLAND LLP.