The law does not exist to benefit law firms.At BBM Solicitors, our clients always come first.

At BBM we exist solely for the benefit of our clients. We succeed when we make our clients happy - And we do that by building a close relationship; by managing their legal risks and resolving their legal headaches.

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Employment Law Advice

[as per existing landing page] BBM Solicitors have an adaptable and flexible employment team acting for both Employers and Employees, and are active members of the Employment Lawyers Association.

[LINK TO EACH NEW SECTION WHERE RELEVANT] We regularly advise employers on their position and options in relation to redundancy, TUPE,  disciplinary and grievance issues, performance management, absence management, unfair dismissal, discrimination, contract variation and employment tribunals. Acting for businesses ranging from sole traders to large multinationals, we can tailor our advice to the needs and budget of your organisation. BBM can assist if you are considering dismissing an employee, ensuring that you do so in a way that reduces the risk of the dismissal being successfully challenged at an employment tribunal.  Full guidance can be given on the steps that should be followed, with meeting scripts also available if required.   We can also advise on and co-ordinate a redundancy exercise on your behalf and provide advice and appropriate letters for every stage of the process.

BBM can provide general or incident specific advice on issues of age, gender or disability discrimination or alleged workplace harassment and work with you to ensure your internal HR policies cannot be seen as discriminatory.

We also have extensive experience in the preparation and presentation of cases at employment tribunals. We have experience of drafting considered and appropriate Employment Contracts or Consultancy Agreements specifically tailored to your needs, and we would also be happy to carry out a review of your existing contracts to ensure these comply with current employment legislation and to protect you against costly future claims.

The team has a particular specialism in Employment issues arising from Insolvency Situations and Corporate Takeovers and are always happy to discuss any situation as it arises giving flexible, proactive and practical advice as you need it.


Drafting Employment Contracts

Employment contracts are often the subject of much negotiation between employer and employee and if you are taking on additional staff or looking to review your internal documentation it makes sense to review your employment contracts with the assistance of employment solicitors such as those at BBM.  Service Contracts for Senior Staff ought often to be considered on a case by case basis.

Employment contracts should contain a range of standard terms and conditions relating to salary, hours worked, length of notice, length of employment and various other essential provisions.

A contract of employment should be provided in writing, not just for the purposes of meeting employment law requirements, but also so that it can be referred to later and used to resolve employer-employee disputes. Our solicitors can also help you with the drafting, negotiation and other advice on other commercial contracts.




As a business you should have written disciplinary rules and procedures to deal with employee performance and conduct and you must tell your staff about them. Normally they are displayed in a staff handbook or in a communal area at work.

Your conduct rules can define what is acceptable and unacceptable behaviour in the workplace for employees and what action will occur if the rules are broken.

The rules should not be inconsistent with the Acas code of practice on disciplinary and grievance procedures.

It is always a good idea to have your disciplinary procedure drafted or at least reviewed by solicitors with specific employment law experience such as those at BBM.

Employment Tribunals

Employment Tribunals are special tribunals designed to decide upon disputes between employers and employees over employment rights.

Employment Tribunals handle a wide range of claims including those relating to unfair dismissal, redundancy payments and discrimination of all kinds. They also deal with claims relating to wages and other payments.

If you are involved in defending employment  tribunal proceedings or think you may have cause to initiate proceedings, talk to BBM in confidence about your situation.


Performance Management

Performance management is a means of managing employees in terms of specific job targets. This work approach allows managers to measure each individual's performance in a specific way and reward them accordingly and also to discipline them when things go wrong and targets are not met consistently.

A performance management strategy can be part of a successful employee evaluation program. However it is not something that should be entered into lightly and without first taking legal advice. BBM can advise you on both efficient and legally compliant performance management.



Redundancy occurs when an employee is dismissed because their employer no longer carries out the business they’re employed for, has moved away from the place where they were previously employed or because they are no longer needed to carry out work of a particular kind.

For a redundancy to be genuine, the business must demonstrate that the employee’s job will no longer exist.

On making employees redundant, employees immediately have a number of rights and they may also be entitled to redundancy pay.

All employees under notice of redundancy have the right to be offered suitable alternative employment if such an option is available, to take up a trial period in the alternative role (if one exists). They can also expect to be given reasonable time off to look for a new job or to access training.  If the employee challenges the redundancy that challenge will usually relate to (i) whether a genuine redundancy situation exists; and (ii) whether it was fair to select that employee for redundancy. 

If your business is considering making someone redundant or if you have been made redundant yourself then you should consider the implications with the assistance of your lawyer. At BBM you can access first class, friendly legal advice across the full spectrum of employment law in Scotland.



Whatever age you are and whatever position you occupy in the workforce retirement can be both an exciting and a frightening time. While it is clearly an opportunity to enjoy a new phase of life and the opportunities that come with free time it is also a time when financial issues and the loss of a daily routine can be brought into sharp relief. For businesses too retirement inevitably means a period of adjustment especially when senior staff move on, leaving a deficit of skills and experience in the firm.


Settlement Agreements

Settlement agreements (formerly known as compromise agreements) are commonly agreements where the employee agrees to waive certain legal rights to claim against the employer (such as for unfair dismissal) in exchange for an amount of money, although other terms can be provided within the agreements.

Based in Edinburgh and Caithness, BBM’s employment law solicitors have extensive experience in advising and representing both employers and employees on settlement agreements.


Sickness and Absence

Sickness and staff absence are a fact of life in every business and while most employees must accept both instances as an unavoidable fact of employing staff there are some situations of absence that can’t be left unchecked. Chronic and persistent absenteeism that inevitably becomes incorporated within the business’ disciplinary procedures is a tricky situation to manage and wherever it is done without reference to employment rights there is always the potential for an unwanted and expensive employment tribunal.

If you find yourself managing a complex situation in your business or feel that you may have been discriminated against on the basis of your employer’s unfair sickness and absence policy then you should speak to BBM. We can advise on all aspects of employment law including matters arising from staff absenteeism.


Transfer of Undertakings/TUPE

Transfer of Undertakings or TUPE legislation applies whenever an undertaking (or part of it) is transferred from one employer to another.

TUPE protects employees' terms and conditions of employment when a business is transferred from one owner to another. Employees then automatically become employees of the new employer, working for them on their original terms and conditions. Their continuity of service and any other rights are all maintained.

TUPE can apply regardless of the size of the transferred undertaking, ie from large organisations employing thousands of employees to small businesses like a village shop with one assistant. Our employment solicitors based in Caithness and Edinburgh can advise on all aspects of TUPE for both employers and employees in Scotland.


Unfair Dismissal

The law relating to unfair dismissal covers situations where an employee has been sacked, where they have been laid off or where they have left job because they feel their treatment amounted to “constructive dismissal”.  In all cases, whether as an employee thinking of making a claim or as an employer facing a claim, you will need expert legal advice from an experienced solicitor.

Often unfair dismissal cases are associated with disability discrimination claims, bullying or long-term sick leave.

If a claim for unfair dismissal can’t be resolved informally with your employer then a claim can be lodged with an employment tribunal which will decide the merits of your case and any compensation, if appropriate, to be awarded.

In any situation where someone has been dismissed in controversial circumstances, BBM’s employment law solicitors can ascertain whether or not the dismissal may have been unfair and can help you pursue or defend a claim for unfair dismissal in Scotland.

We are Solicitors in Edinburgh, Wick and Aberdeen

If you need help turning round your company's fortunes or bringing your business to an end, call us. We help clients in Edinburgh, Wick, Caithness, the Highlands, Inverness and throughout Scotland rescue their business.

To get in touch with us, click here or call us: Edinburgh 0131 5263280 Wick 01955 604188

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