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JGM
JGM, Solicitor
Category: Employment Law
Satisfied Customers: 11565
Experience:  30 years experience as a solicitor.
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Is it true in Scotland that a contract of employment does

Resolved Question:

Is it true in Scotland that a contract of employment does not need to be signed for it to be a binding agreement between the parties as acceptance of its terms can be either verbal or implied through conduct.
Submitted: 1 year ago.
Category: Employment Law
Expert:  JGM replied 1 year ago.

Under the law of Scotland that is generally correct although a restrictive covenant preventing the employee from doing certain things after cessation of employment and also training reimbursement provisions have to be in writing. The legislation also provides for a compulsory written statement of terms and conditions of employment but this need not be signed.

Customer: replied 1 year ago.
Thanks for answer so, if an employer threatens one with dismissal simply for not signing new contract while the employee is carrying out all the required duties.
Is the dismissal likely to succeed.
Expert:  JGM replied 1 year ago.

No, I would say that would be unfair dismissal but the reason the employee is refusing to sign may be relevant. If the employee is just being bloody minded about it there could be an argument based on a breakdown of mutual trust and confidence which is an element of the employer/employee relationship.

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