Clause 33 (Tribunals) is the relevant section of the Bill. It would insert a new Paragraph 2A into Part 3 of Schedule 5 to the Scotland Act 1998 (reserved matters: general provisions).
The underlying substantive rights and duties governing matters heard by the employment tribunal and the employment appeal tribunal in Scotland will remain reserved.
However, an Order in Council will specify all or some of the functions of the employment tribunal and the employment appeal tribunal in Scotland that can be transferred. Once the Order in Council is passed, the Scottish Parliament can legislate to transfer the functions set out in it.
The question on everybody's lips is whether or not these changes will lead to the reduction or even scrapping of fees in Scottish Employment Tribunals. Nowhere in the Smith Commission report or the Scotland Bill is the issue of fees specifically referred. However, it is likely that the Order in Council will allow the Scottish Parliament to legislate to transfer powers relating to rules of procedure, membership, administration and funding.
An SNP MSP as recently as 11 June 2015 stated: “Introducing fees for Employment Tribunals was always clearly a retrograde step – and these figures* show clear evidence that the unfair, indefensible fees are hindering workers seeking the justice they deserve."
As the current Scottish Government are so opposed to fees it would appear likely that change is coming.