Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. For members
  3. Business support
  4. Recruitment guidance
  5. Mitigating circumstances

Mitigating circumstances

Some students may have mitigating or extenuating circumstances for certain levels of performance at school or at university. Students may feel that the exam results that they are asked to list do not fully reflect their abilities and that this can be explained by events or circumstances that happened at that time.

These may include, but are not limited to:

- Serious or significant health problems
- Exceptional personal circumstances (e.g. a serious illness or death of a family member or loved one; family break-up; being the victim of a serious crime; a serious car accident etc)
- Ongoing caring responsibilities

Many organisations now build in a mitigating or extenuating circumstances box into their application forms.

Many students perceive that these boxes are not taken seriously by employers and are there to tick certain boxes. We also know that in some instances the mitigating circumstance may be exceptionally painful or something that the student does not want to share with a future employer (e.g. if they were a victim of certain crimes or if they had been in the care system etc). It may be wise to limit the word count here to stop students feeling as though they need to pour their personal history. At the same time, employers do need some reassurance that the applicant is telling the truth and to ensure fairness to other candidates. Therefore, they may require to do some level of investigation. 

If a candidate fills in the mitigating circumstances box then evidence may be required to be sought. Evidence could be a letter from a tutor at university, a doctor’s note from the time of the illness etc. If a candidate meets your academic criteria and fills in the mitigating circumstances box then no further investigation is needed.

Recommendation 17

We would recommend:

- Using a mitigating circumstances box
- Limiting the word count (and making it clear that you only need an overview)
- Placing the mitigating circumstances box directly after your educational requirements
- Not asking for specific details until later in the recruitment process (potentially directly prior to offer stage).

Add To Favorites

Additional

  • Recruitment guidance

In this section

  • Overview of the route to qualification
  • When and how should organisations recruit trainees?
  • Application forms
  • Mitigating circumstances
  • Contextualised admissions
  • Advertising a vacancy
  • The selection process (interviewing)
  • Unconscious bias
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited