Police Officers' Rights in Scotland

Who this guide is for

Police officers in Scotland, including special constables. It also covers members of the public who want to complain about the police in Scotland.

What this guide does not cover

• Police staff: you are not a police officer. Use the employee rights checker.
• Officers in England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• Police pay, overtime, allowances, rest days, working time, leave and pensions. This guide does not set these out: ask your Police Federation or staff association.
• How misconduct investigations, hearings and performance procedures are run, and the rules for senior officers (assistant chief constable and above): ask your Police Federation or staff association.
• Members of the armed forces: use the armed forces checker.
• Criminal investigations of officers, and claims against the police for compensation. Ask a solicitor.
• Tribunal time limits in detail: use the tribunal deadline checker.

The questions that decide the answer

1. Are you a police officer or police staff? Officers: this guide. Police staff: use the employee rights checker.
2. Where is your force? This guide is for Scotland. England and Wales, and Northern Ireland, have their own guides.
3. What is it about? Discrimination, whistleblowing or health and safety: an employment tribunal claim. A misconduct case: not covered by this guide. A complaint by a member of the public: the policing body, then PIRC.
4. When did it happen, or what date is on your Final Response letter? That date decides your time limit.

"Am I covered by the Equality Act?"

Yes. For the work part of the Equality Act 2010, holding the office of constable is treated as employment. You are treated as employed by the chief constable of the Police Service of Scotland, or by the Scottish Police Authority for acts done by it. You are protected from discrimination, harassment and victimisation at work in the same way as an employee.

A discrimination claim goes to an employment tribunal. It needs no minimum length of service. Discrimination awards have no upper limit.

"Can I claim unfair dismissal?"

Not ordinary unfair dismissal. The Employment Rights Act 1996 does not give people in police service the ordinary right not to be unfairly dismissed. Police officers do not qualify for statutory redundancy pay.

There are exceptions. You can go to an employment tribunal if you are dismissed because you made a protected disclosure (whistleblowing), or for certain health and safety reasons. A dismissal because of a protected characteristic can be a discrimination claim under the Equality Act 2010.

"I want to blow the whistle"

For whistleblowing law, a person who holds the office of constable is treated as an employee. You are protected from being treated badly (detriment), and from dismissal, because you made a protected disclosure. For what counts as a protected disclosure and who you can tell, use the whistleblowing checker.

"Health and safety"

You are protected from being treated badly or dismissed for certain health and safety reasons. For what counts, use the health and safety checker.

"What do I do first?"

Before most claims you must notify Acas for early conciliation. It is free, and it pauses your time limit if you notify Acas within that time limit. If you contacted Acas on or after 1 December 2025, early conciliation can last up to 12 weeks.

Going through your force's grievance procedure does not change your time limit. If it takes a long time, you still need to notify Acas before your time limit runs out.

"I'm facing a misconduct investigation"

This guide does not cover how misconduct investigations and hearings are run in Scotland. Appeals are below. Do not use the England and Wales rules. Ask your Police Federation or staff association straight away.

A misconduct case against you and your own discrimination or whistleblowing claim are separate. Being under investigation does not stop you bringing your own claim.

"I've been found guilty of misconduct"

This applies to constables up to chief superintendent.

• If misconduct proceedings find misconduct or gross misconduct, you can appeal against the finding and any disciplinary action. If you admitted it, you can appeal only against the disciplinary action.
• The grounds are: the finding or the disciplinary action is unreasonable; there is evidence that could not reasonably have been considered at the proceedings and could have materially affected the result; or there was a breach of the procedures that could have materially affected the result.
• Send a written appeal notice to the deputy chief constable within 30 working days of receiving the notice of the outcome. Say what you are appealing, your grounds and whether you want an appeal hearing, and send any documents you rely on.
• A more senior officer decides. They can confirm or reverse the finding, confirm the action, order less severe action, require improvement action instead, or (if there is new evidence) send it back.
• If you are dismissed or demoted, once that appeal is finished you can appeal to the First-tier Tribunal for Scotland. It replaced the Police Appeals Tribunal on 29 December 2025. Your written notice, with your grounds and a copy of the decision, must reach the tribunal within 28 days of the date the decision was given to you. If you cannot meet that, you can ask for more time, giving reasons. You can be represented by a lawyer or another representative. The tribunal can confirm the decision or replace it with a less severe one.

"I want to complain about the police"

First make a formal complaint to the professional standards department of the policing body concerned, such as Police Scotland, and let it deal with the complaint.

When it has finished, it sends you a Final Response letter. If you are unhappy with how your complaint was handled, you can ask the Police Investigations and Review Commissioner (PIRC) for a Complaint Handling Review. Apply within 3 months of the date on your Final Response letter. After that, PIRC may be unable to consider it unless there are exceptional circumstances for the delay.

PIRC looks at whether your complaint was handled to a reasonable standard. It does not reinvestigate the original complaint.

Deadlines you must meet

• Most employment tribunal claims, including discrimination, whistleblowing and health and safety claims: 3 months less 1 day from the act you are complaining about. It is 6 months less 1 day only where that act (or the last act in a series) happened on or after 1 October 2026.
• Notify Acas within your time limit. Early conciliation pauses the clock. After it ends you have at least 1 month from the day you receive the Acas certificate to make your claim.
• PIRC Complaint Handling Review: within 3 months of the date on your Final Response letter.
• Misconduct appeal: to the deputy chief constable within 30 working days of receiving the outcome. First-tier Tribunal (dismissal or demotion): notice must reach the tribunal within 28 days of the decision.
• Your exact tribunal date depends on your facts: the tribunal deadline checker works it out.

Money figures

• This guide gives no money figures. Discrimination awards have no upper limit.

Traps

• Not being an employee does not mean you have no tribunal rights. Discrimination, whistleblowing and health and safety claims can still go to an employment tribunal.
• Complaints about the police in Scotland go to PIRC for review, not to the Independent Office for Police Conduct, which covers England and Wales.
• Do not apply the England and Wales police appeals tribunal rules or time limits in Scotland.
• A grievance does not stop the tribunal clock. Notifying Acas within the time limit pauses it.
• Do not use the 6-month limit for an act that happened before 1 October 2026.