Is a written employment contract a legal requirement in Scotland?
Not a full contract, but each employee and worker must receive a written statement of the principal terms of employment on or before day one.
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Employment contract and contract for services (Scotland)
Pay, working hours, holidays, duties, notice and the other main terms are set out in an employment contract, alongside the written statement of particulars that the law demands. A contract for services is a separate thing, used to engage a contractor who is self-employed. The right choice turns on the way the working relationship will really function in practice.
When you need one
In Scotland, each employee and worker must be given a written statement of the principal terms of their employment no later than their first day. A contract for services is only appropriate where the individual is truly self-employed.
What it should contain
Job, place and hours
Job title, duties, workplace and hours of work.
Pay and benefits
Salary, pay dates, overtime and pension.
Holidays and sickness
Holiday entitlement and sick pay.
Notice
Notice for both sides, no less than the statutory minimum.
Confidentiality and IP
Safeguarding the employer's information and the work produced.
Restrictions after leaving
Use only where truly necessary, and keep them reasonable in scope.
Points specific to Scotland
- Employment law is largely the same in Scotland as in England and Wales, and claims go to the employment tribunal. The written statement must still be given on or before day one.
Different rules can apply elsewhere in the UK: see the England and Wales version of this guide.
Common mistakes
- Providing the written statement late, when it must be given from the first day.
- Labelling someone self-employed when in reality they are an employee.
- Restrictions after leaving drawn too widely to be enforced.
Quick answers
What is the difference between an employee and a contractor in Scotland?
An employee does the work personally, under the employer's control, with a mutual obligation to offer and carry out work. A genuine contractor is in business on their own account and can often provide a substitute.
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Start drafting — freeBrowse all guidesReviewed 2026-09-24. General legal information about Scots law, not legal advice.