Employment & Work

A workplace dispute can involve the contract, an internal procedure and a statutory right at the same time.

Start with what happened, the decision made and the outcome you need. Keep the internal process, evidence and external deadline on separate tracks.

Key points

An employer’s policy does not override legislation, although contractual policies can create additional rights.
The Acas Code is an important benchmark for disciplinary and grievance procedures, but it is not the only source of employment rights.
A grievance, disciplinary hearing or appeal does not normally stop an employment tribunal time limit.
Reasonable adjustments, whistleblowing and discrimination protections can change how an ordinary policy should be applied.
Keep the allegation, evidence, decision, reasons, appeal and requested remedy distinct.

Start with the event

What has happened at work?

Choose the immediate problem you recognise. The same facts may lead to another guide once the first issue is clear.

Pay and deductionsReconcile wages, overtime, deductions, overpayments and minimum-wage issues.Holiday requests, refusals and Christmas leaveCheck notice, allocation, consistency and whether another leave right applies.Sickness absence and sick payCheck sick pay, evidence, absence management, disability issues and capability processes.Workplace investigations and suspensionTest the scope, evidence, witnesses, alternatives to suspension and review arrangements.GrievancesTurn a workplace complaint into numbered issues, evidence, findings and requested outcomes.Discrimination and harassment at workIdentify the treatment, protected connection, legal type, evidence and remedy.Discrimination and reasonable adjustmentsDefine the disadvantage, proposed adjustment and employer’s decision-making.Dismissal and unfair dismissalSeparate the reason, evidence, procedure, qualifying rules and appeal.

Status and terms

Identify the employment relationship and the terms that apply

Status determines which statutory rights are available. The contract, written statement, incorporated policies and later changes establish the starting terms.

Employment statusWork out whether you are an employee, worker or self-employed and which rights follow.Contracts and written statementsIdentify the agreement, written particulars, policies and other sources of employment terms.Changes to employment contractsCheck consultation, consent, flexibility clauses, working under protest and dismissal and re-engagement.TUPE transfersUnderstand consultation, continuity, transferred terms, objections and transfer-related changes.

Pay, time and leave

Work out whether the issue concerns money, hours, absence or family rights

Do not describe every absence as annual leave. Sickness, emergencies, caring, family leave, flexible working and disability adjustments can engage different rules.

Pay and deductionsReconcile wages, overtime, deductions, overpayments and minimum-wage issues.Pay, wages and deductions: route guideSeparate payroll errors, contractual pay and statutory claims.Working time, breaks and hoursCheck rest breaks, daily and weekly rest, night work, opt-outs and working time.Holiday entitlement and holiday payCalculate entitlement, pay, carry-over, rolled-up pay and the leaving-work adjustment.Holiday requests, refusals and Christmas leaveCheck notice, allocation, consistency and whether another leave right applies.Sickness absence and sick payCheck sick pay, evidence, absence management, disability issues and capability processes.Time off for dependants and carersChoose the correct route for an emergency, planned care or longer-term caring need.Pregnancy, maternity and family leaveUnderstand leave, pay, discrimination, return-to-work and redundancy protections.Flexible workingMake or challenge a statutory request while keeping discrimination and adjustment duties in view.

Equality, protection and privacy

Separate unfair treatment from the statutory legal test

Identify the treatment, protected connection or disclosure, decision-maker, reason given and resulting disadvantage. Preserve workplace records without assuming that a SAR replaces tribunal disclosure.

Bullying and harassmentRecord the conduct and separate workplace bullying from statutory harassment tests.Discrimination and harassment at workIdentify the treatment, protected connection, legal type, evidence and remedy.Discrimination and reasonable adjustmentsDefine the disadvantage, proposed adjustment and employer’s decision-making.WhistleblowingIdentify the protected disclosure, public-interest wrongdoing, recipient and later treatment.Workplace monitoring and privacyTest transparency, lawful basis, necessity, proportionality and use of monitoring data.Employment SARs and HR recordsUse subject access for workplace personal data without confusing it with tribunal disclosure.

Disciplinary and grievance procedures

Use the Acas framework to test what the employer actually did

The Acas Code expects issues to be handled promptly and consistently, with appropriate investigation, written information, a fair opportunity to respond, a reasoned decision and an appeal.

Stage	What to check	Useful record
Investigation	Was the scope clear, was relevant evidence gathered and were conflicting accounts tested?	Terms of reference, notes, documents, witness material and suspension reviews
Written case	Was the allegation or grievance specific enough to answer?	Letter, issue list, policy relied on and supporting evidence
Meeting or hearing	Was there reasonable notice, disclosure, a chance to respond and the right to be accompanied where it applied?	Invitation, evidence pack, companion request and meeting notes
Decision	Do the findings address each issue and explain the evidence and reasoning?	Outcome letter, sanction, requested remedy and reasons
Appeal	Were factual, evidential, procedural and proportionality grounds considered impartially?	Appeal grounds, new evidence, hearing record and final outcome

A failure to follow the Code does not automatically make every decision unlawful. Where a relevant tribunal claim succeeds, unreasonable failure to follow it can affect compensation.

Workplace investigations and suspensionTest the scope, evidence, witnesses, alternatives to suspension and review arrangements.Disciplinary proceduresFollow the allegation, investigation, hearing, evidence, sanction and appeal stages.GrievancesTurn a workplace complaint into numbered issues, evidence, findings and requested outcomes.Grievances and disciplinary actionNavigate overlapping procedures without merging the two sets of questions.The right to be accompaniedCheck when the right applies, who can attend, postponement and what a companion may do.Disciplinary and grievance appealsFrame factual, evidential, procedural and proportionality grounds with a specific remedy.Performance, capability and probationCheck standards, support, targets, review periods, health issues and a fair process.

Dismissal, redundancy and leaving

Identify the real reason, the procedure and what is owed

Redundancy, conduct, capability, some other substantial reason and constructive dismissal involve different tests. Do not wait until final pay arrives before checking the appeal and external deadline.

RedundancyTest the business reason, pool, selection, consultation, alternatives and payments.Dismissal and redundancy: route guideDistinguish genuine redundancy from other reasons for dismissal.Dismissal and unfair dismissalSeparate the reason, evidence, procedure, qualifying rules and appeal.Resignation and constructive dismissalAssess fundamental breach, response, timing and the risks of resigning.Notice periods, final pay and leaving workAudit notice, garden leave, payment in lieu, holiday, deductions and final documents.Settlement agreements and COT3sCompare settlement routes, claims waived, advice, tax, payment and continuing terms.

Acas and tribunal

Keep internal action and the external limitation clock separate

Most prospective claimants must notify Acas before presenting an employment tribunal claim. Early conciliation can affect the calculation, but an internal procedure does not normally pause time.

Acas and early conciliationProtect limitation, notify Acas and understand conciliation and COT3 outcomes.Acas and employment tribunals: route guideFollow the journey from internal process to Acas and tribunal.Employment tribunal claimsMap the cause of action, parties, facts, evidence, remedies and procedural steps.

Evidence

Build a compact workplace case record

Define the event. Record the act, omission or decision, the date and who was responsible.
Identify the rule. Separate contractual terms, workplace policy, the Acas Code and statutory rights.
Preserve the documents. Keep the contract, policies, rota, payslips, correspondence, notes and decision letters.
Record the employer’s reason. Ask what evidence was considered, what finding was made and why.
State the outcome. Request a defined correction, payment, adjustment, finding, appeal result or other remedy.
Protect the deadline. Check limitation and Acas early conciliation without waiting for HR to finish.

Official sources

Check the current rules behind this hub

This hub focuses on employment law in England, Wales and Scotland. Northern Ireland has a separate framework. Employment law and commencement dates can change, so check the current official source before relying on a deadline or procedure.