The Scotland Bill – Consultation on Draft Order in Council for The Transfer of Specified Functions of the Employment Tribunal to the First-tier Tribunal for Scotland

Closed 24 Mar 2016

Opened 27 Jan 2016

Results Updated 4 Dec 2017

Next Steps

Scottish Ministers are grateful to those who have responded and are considering the comments received.  Scottish Ministers are not yet in a position to reply as a further draft of the Order in Council from the UK Government is awaited.  We also await draft provisions in relation to the Employment Appeal Tribunal.  Scottish Ministers are unable to make final decisions until they have sight of proposals in relation to both Employment Tribunals and the Employment Appeal Tribunal as together they form the key elements of the system of efficient and effective adjudication of employment disputes. 

Published Responses

View submitted responses where consent has been given to publish the response.


This consultation seeks your views on a draft Order in Council that makes provision to transfer specified functions of the Employment Tribunal to the First-tier Tribunal for Scotland. The proposed transfer of functions would allow the First-tier tribunal to hear Scottish employment cases (as defined in the draft Order), along with a number of cases that do not fit within that category but which have a sufficient link to Scotland and should therefore be heard in a Scottish tribunal.


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August 2016: Scottish Government is considering the consultation responses.



  • Work and Skills