A Preamble To Employment Law In Scotland

The first duty of an employer is to make sure that all potential employees have the RTW or ‘Right To Work’ in Scotland. In the past, this check was performed using the physical documents of the candidate or on the first day of their employment. During the Coronavirus pandemic, however, many people were working from home. This made the check difficult to conduct and temporary checks were introduced by the Home Office. This temporary check is carried out using scanned copies of ID documents and video calls. This temporary check ended on 30 September 2022 and now employers have several options for carrying ‘Right To Work’ checks. Employment law advice in Scotland can be found on any UK-based website that is related to legal matters.

How Are The Tests Conducted?

Prospective employees are checked using the following tests:

  • Conducting physical tests with the person present in person or through a virtual meeting.
  • Licensed providers have to check the RTW of the candidate. This check is digital and the documents have to be uploaded electronically to get verified. Then the individual will get a digital certificate that will confirm the candidate’s right to work.
  • If a candidate has a biometric card or an electronic visa, RTW checks have to be done using the website of the Home Office. A share code has to be generated by the employee and has to be given to the employer. Then the employer will be able to access an electronic copy of the candidate’s background. Then the employer will carry out a background check of their own.

The employer should retain the documents related to the background check as they would serve as evidence that a check has indeed been carried out. The documents may vary on the type of test done. In case the correct procedure has not been followed, the employer can be fined and the directors can face criminal charges.

Terms & Conditions Of Employment

Employers must give the employees in writing the terms and conditions of employment on or before the first day of their work. People who were employed before that date must be given the terms and conditions within two months of their starting date.

If the employee has not been given the terms and conditions of their employment, then they can make an application to an Employment Tribunal. It can then determine what terms should be included. One issue that can arise if no terms and conditions have not been provided then there may be disputes because of the absence of terms and conditions. Employees can also be given compensation by the employer if the documents have not been given, under certain instances.

Discrimination Against Employees

It is not legal to discriminate against employees based on their disabilities, sex, age, religious beliefs, sexual orientation, pregnancy and maternity, and gender reassignment. Apart from that, under the Equality Act 2010, it is illegal to make differences in pay and working conditions in a place for both men and women are working.

Discrimination is also illegal based on the type of work the employees are doing, that is, part-time or fixed-time contracts. There should be an Equal Opportunities Policy for the employees in every workplace. The managers and employees can be made aware of the terms of the policy. A proper policy can make managers defend their grounds for discrimination. Similarly, employees can defend their ‘innocence’ if they think they are being wrongfully blamed.


The ACAS Code of Practice on Disciplinary & Grievance Procedures is a guide that the employees are expected to follow. This code can be used in tribunal proceedings and it has the power to award a 25% increase on any award related to compensation. This code can be produced during the proceedings if the employer has failed to follow the code.

What Is Human Resources?

Human resources or HR is a business division that is in charge of funding, recruiting and training individuals who have applied for jobs. HR also deals with programs that can benefit the employees.

Human resources can be instrumental for employees as they are instrumental in dealing with the fast-paced business environment. They can help the transition of the new employee in the initial days of employment which is why they are so in demand in the current scenario. Human resources service course has become extremely popular in most top-tier business schools nowadays.

What Are The Key Activities Of An HR?

The key activities of an HR include:

  • Effective use and management of people.
  • Framing appraisals and compensations to employees who have earned them.
  • Developing a list of skills that can enhance the skills of the organization as well as the individual.
  • Enhancement of innovation, creativity, and flexibility is necessary to intensify the competition.
  • Keeping an eye on how to execute and combine technology by improving the staffing, training, and interaction with the employees.

Human resources service vacancies can be found easily on most websites where you can look for jobs. It is a very popular course nowadays.


The Employment Law Advice in Scotland does not only represent the employment laws in Scotland but for also Wales and England. It throws light on every rule regarding working hours, discrimination, background checks for employees, and more. The duties of human resources are also covered as well as how they are important for the propagation of the company. Human resources can act as mediators between two disputing parties.

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