Row over devolution of employment tribunals as SNP accused of ‘gulf’ between rhetoric and reality

Responsibility for tribunals formed part of the Scotland Act 2016, but Scottish ministers have yet to take control of them as details continue to be ironed out.

A UK Government source said SNP ministers are "quite happy to park further devolution when it suits them" and that there is a “considerable gulf” between the party’s rhetoric and the reality on the ground.

It came as the SNP recently stepped up calls for the full devolution of employment law, insisting neither the Conservatives nor Labour can be trusted to protect workers’ rights. Earlier this month, First Minister Humza Yousaf challenged Labour to commit to the move should the party win the next general election, but Labour ruled this out.

The Smith Commission, announced by then prime minister David Cameron in the aftermath of the No vote in 2014, recommended that all powers over the management and operation of reserved tribunals be devolved to the Scottish Parliament.

Asked about the latest situation, the Scottish Government appeared to blame UK ministers for the delay. A spokesman said: “The Scottish Government is committed to securing the devolution of reserved tribunals, in line with recommendations from the Smith Commission, however the UK Government is responsible for taking forward the necessary legislation. We continue to engage with the Ministry of Justice regarding timescales and will undertake further engagement and consultation on the details.”

In 2018, it was reported that there were concerns over complex issues relating to the transfer, such as the terms and conditions for staff.

A UK Government spokesman said it is committed to devolving reserved tribunals, adding: “Both the UK and Scottish governments are continuing to work together and take forward the steps necessary for the transfer of power."

A source said: “Behind the scenes there is commitment and goodwill on both sides when it comes to devolving powers set out in the 2016 Scotland Act. But the fact that responsibility for tribunals, for example, and a wide range of benefits and taxes still hasn’t been transferred – getting on for a decade after it was first agreed – underlines the complexity of achieving this.

"The Scottish Government understand this and are quite happy to park further devolution when it suits them. Obviously there is a considerable gulf between that reality and the rhetoric of their recent demands to devolve all employment law or all energy policy.”

Tory MSP Murdo Fraser said: “The SNP government could have set up employment tribunals at any time since 2016 but, as with many of their other powers, they simply haven’t bothered. Instead, they have concentrated on drumming up spurious constitutional grievances.

“They could be using the levers they already have, which make Scotland the most powerful devolved legislature in the world, to address the real priorities of working Scots. But they are too embroiled in their own internal meltdown and their obsession with a separatist agenda most Scots don’t want.”