Disputes in the workplace

When a complaint is made and the disciplinary process is started, it is recommended that the ACAS code of practice is always considered. 

ACAS disciplinary process

The employee will let the employer know the nature of the grievance.

The facts should be established with a thorough investigation, without unreasonable delay.

You should notify the employee involved in writing if there is a disciplinary case to answer (outlining the alleged misconduct to allow the employee to prepare to answer the case).

When a meeting is required to address or move the issue forward, make sure that you inform people involved of the date, time, and place of the disciplinary meeting.

If a meeting is required to address or move the issue forward, make sure that the meeting is at a suitable time and place for all involved.

The employee has a statutory right to be accompanied to the meeting. Your policy should outline who this can be for example, a trade union representative or a colleague.

Give them the opportunity to:

• explain their grievance
• how they think it can be resolved
• ask questions

After the meeting:

• decide whether disciplinary or any other action is justified
• inform the employee in writing
• ensure that any action taken is reasonable
• provide the employee with the opportunity to appeal the decision

This should be heard without unreasonable delay (ideally by a manager not already involved in the case).

Inform the employee of the outcome of the appeal in writing.

Full information on discipline and grievance policies and procedures, and templates to support employers through the process and procedures, are available on the ACAS website.

Self-employment

Self-employees are responsible for their own business.

They are not paid through PAYE, and they do not have the same rights and responsibilities as an employee or worker.

An organisation can regard someone as self-employed for tax purposes.

However, employment rights and health and safety duties may still fall to the employer.

This depends on the nature of the contract and the way work is being carried out.

An employment tribunal can decide over their employment status.