Termination of employment: key differences in Scotland and Northern Ireland

Updating author: Max Winthrop, consultant editor (Scotland): Gillian MacLellan, consultant editor (Northern Ireland): Gareth Walls

Scotland

The law relating to the termination of employment that applies in England and Wales extends to Scotland.

Section 23 of the Unfair Contract Terms Act 1977, which applies only in Scotland, permitted the Court of Session in Chapman v Aberdeen Construction Group plc [1991] IRLR 505 CS to rule that an employee who was wrongfully dismissed could succeed in claiming damages for the value of any share options that would have vested had the employer given them the correct notice. This is in contrast with the position in England and Wales as a result of the High Court decision in Micklefield v SAC Technology Ltd [1990] IRLR 218 HC.