Scottish independence could spark legal claims in cross-border businesses

“However, suddenly they become amputated from a much larger promotional pool because of the smaller size of the new organisation, limiting their opportunity to progress their career.

“The only way for them to progress might be to resign to work somewhere else, meaning losing items such as pension rights and past service,” Mr Lynas said. “There is an argument that this would count as a material detriment to their employment, having their career lopped off, and this could give them grounds for TUPE-related unfair dismissal.”

Organisations that could be affected include those which would operate under new Scottish regulators. Nationalists have said they want to see a Scottish Broadcasting Service set up as a joint venture with the BBC, and this would be regulated by a Scottish watchdog.

This new regulator would also control Royal Mail north of the border, a business which an independent Scotland has pledged to renationalise.

“I could see the BBC, other broadcasters and Royal Mail as organisations that could be affected by legal claims if Scotland becomes independent,” said Mr Lynas.

*Call centres in Scotland handling calls from England that deal with personal information could be thrown into chaos after a Yes vote due to data protection rules. Currently, personal data can be transferred to European Union countries plus Iceland, Liechtenstein and Norway. Otherwise transfer must be to a country with an “adequate level of protection”. However, until Scotland’s status is finalised this could mean companies operating cross-border call centres dealing with personal information or financial details could be in breach of the rules.

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