HM Insights

'Fair enough?' – employee rights and 'unfair treatment' in Scotland

I was delighted to be asked to appear on the John Beattie show on BBC Radio Scotland at lunchtime to discuss employee rights in light of a new report from Citizens Advice Scotland entitled "Fair Enough?".

The report highlights the most common concerns raised by employees and workers with Citizens Advice Scotland, and makes for interesting reading.

In addition to highlighting the most frequent areas of complaint for individuals (non payment of wages, discriminatory dismissal and failure to pay sick pay), the report also makes a number of recommendations for the future of employment tribunals and employment law. This includes the return of the one-year qualification period for unfair dismissal claims; the extension of protection from unfair dismissal to workers, not only employees; and the creation of a new statutory body, the Employment Commission, to oversee the enforcement of employment law.

Perhaps more controversially, it also suggests that unpaid tribunal awards due to insolvency or phoenix trading of private companies should be claimed from the National Insurance Fund, so ultimately the taxpayer.

Whatever your view on the report, it is no doubt a useful addition to the ongoing debate on the future of employment law and the employment tribunal system.