Tribunal Procedure and Appeals in Scotland

Abstract

Abstract This chapter explains tribunal procedure and appeals in Scotland. It highlights differences in how the Employment Tribunal Rules of Procedure 2013 (ETR 2013) apply in Scotland, by comparison with England andWales.. The provisions of the Employment Tribunals Act 1996 govern appeals from the employment tribunal to the employment appeal tribunal (EAT), but aspects of the EAT's procedure differ in Scotland, as explained in the EAT Practice Direction or 2013. The chapter discusses aspects of tribunal procedure in Scotland, with reference to such factors such as witness statements, hearings, documents, costs, and enforcement of awards. It clarifies the need to be aware that it is not always safe to assume that the common law of Scotland in matters of contract, tort (delict), and in public law is the same as that of England and Wales.