Employment law can be confusing, particularly when you’re dealing with issues such as redundancy, discrimination, sickness absence, maternity leave or dismissal. Understanding your rights is the first step in protecting them.
While employment law in Scotland is largely the same as elsewhere in the UK, there are strict rules and time limits that apply to many workplace disputes. Here are ten of the most common employment law questions we receive from clients.
1. What Is My Statutory Holiday Entitlement?
Almost all workers are legally entitled to 5.6 weeks of paid annual leave each year. For someone working a standard five-day week, this usually amounts to 28 days of paid holiday. Employers may choose to include public and bank holidays within this entitlement.
Part-time workers are also entitled to 5.6 weeks’ leave, calculated on a pro-rata basis.
Key takeaway:
Most full-time employees are entitled to at least 28 days’ paid holiday per year.
2. What Are the Time Limits for Making an Employment Tribunal Claim?
Employment Tribunal time limits are strict.
For most Employment Tribunal claims arising on or after 1 October 2026, you will normally have six months less one day from the relevant incident or termination of employment to begin the process. Different deadlines can apply to some types of claim, so it is important to seek advice as early as possible.
Before lodging a claim, most people must notify Acas and go through Early Conciliation, which can affect the calculation of the time limit.
Key takeaway:
Tribunal deadlines remain strict. If you think you may have a claim, it is sensible to seek advice as early as possible.
3. What Counts as Workplace Discrimination?
The Equality Act 2010 protects employees from discrimination based on nine protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Treating an employee less favourably because of one of these characteristics may be unlawful.
Discrimination can arise during recruitment, promotion, training, disciplinary proceedings, dismissal or redundancy.
Key takeaway:
Every employee has the right to work free from unlawful discrimination.
4. What Notice Am I Entitled to If I’m Made Redundant?
The minimum statutory redundancy notice depends on how long you have worked for your employer:
- 1 month to 2 years’ service: 1 week’s notice
- 2 to 12 years’ service: 1 week’s notice for each completed year of service
- 12 or more years’ service: 12 weeks’ notice
Your contract may give you more notice, but it cannot provide less than the statutory minimum.
Key takeaway:
Long-serving employees are generally entitled to longer notice periods.
5. What Is the National Minimum Wage?
Workers in Scotland are entitled to the same National Minimum Wage rates as the rest of the UK.
From 1 April 2026, the minimum hourly rates are:
- 21 and over (National Living Wage): £12.71
- 18 to 20 years old: £10.85
- 16 to 17 years old: £8.00
- Apprentices: £8.00
Employers who fail to pay the correct rate may face penalties and be required to repay wage arrears.
Key takeaway:
Check your payslips regularly to ensure you’re receiving at least the legal minimum wage.
6. How Do I Quit My Job?
If you wish to resign, you should usually give notice in accordance with your employment contract.
Where no contractual notice period applies, employees who have worked for at least one month are generally required to provide at least one week’s notice.
It’s always advisable to resign in writing and keep a copy of your resignation letter or email.
Key takeaway:
Review your employment contract before resigning to ensure you give the correct notice.
7. Can My Employer Fire Me for Being Off Sick?
Not automatically.
While long-term or repeated sickness absence can potentially lead to dismissal, employers are generally expected to follow a fair process. This often includes obtaining medical evidence, consulting with the employee and considering alternative options before making a decision.
Where an employee’s condition amounts to a disability, employers may also have a duty to consider reasonable adjustments under the Equality Act 2010.
Key takeaway:
Being off sick does not automatically mean you can be dismissed fairly.
8. Do You Get Paid for Training at Work?
In many cases, yes.
Where training is mandatory for your role or required by your employer, it will usually count as working time and should generally be paid. Employers must also ensure that workers receive at least the applicable National Minimum Wage when training time is taken into account.
The position can vary depending on the circumstances and the type of training involved.
Key takeaway:
Mandatory workplace training is usually paid.
9. What Is Statutory Maternity Leave and Statutory Maternity Pay?
Eligible employees can take up to 52 weeks of maternity leave, made up of:
- 26 weeks of Ordinary Maternity Leave
- 26 weeks of Additional Maternity Leave
Employees do not have to take the full 52 weeks, but most must take at least two weeks’ leave following the birth.
Those who meet the qualifying criteria may also be entitled to Statutory Maternity Pay (SMP) for up to 39 weeks.
Key takeaway:
Most employees are entitled to up to one year of maternity leave and may also qualify for maternity pay.
10. What Is a Settlement Agreement?
A settlement agreement is a legally binding contract between an employer and employee which is commonly used to end employment or resolve a workplace dispute.
The agreement usually involves the employee receiving a financial payment in exchange for waiving potential legal claims against their employer.
Settlement agreements frequently arise in cases involving:
- Redundancy
- Workplace disputes
- Disciplinary proceedings
- Grievances
- Discrimination allegations
- Long-term sickness absence
- Senior employee exits
For a settlement agreement to be legally valid, an employee must receive independent legal advice before signing.
Key takeaway:
Never sign a settlement agreement before obtaining legal advice on its terms and value.
Understanding Your Rights at Work
Knowing your basic employment rights can make workplace issues easier to navigate and help you recognise when something may not be right.
While these FAQs cover some of the questions people ask most frequently, employment law can be complex and the answer will often depend on the individual circumstances.
If you are dealing with a workplace issue, it is important to seek appropriate advice and to act promptly, particularly where Employment Tribunal time limits may apply.
