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Site updated:

22 March 2010

Employment - In Scotland

Resolving disputes at work

This information applies to England, Wales and Scotland

This information is for employees who have a dispute with their employer which began on or after 6 April 2009.

If the dispute with your employer began before this date, you should not use this information, even if the dispute is still going on. This is because different rules might apply.

If you're in this situation, or not sure whether you should use the information on these pages, get help from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau. To find details of your nearest CAB, including those which can give advice by email, click on (New window) nearest CAB.

If you've got a dispute with your employer, it might be because:

You and your employer should always try to resolve disputes in the workplace if at all possible. It can sometimes help to use an independent third party to help you sort things out.

You have a complaint about your employer

If you have a complaint about work which you want to take up with your employer, this is called raising a grievance.

It may be possible to sort out your complaint by simply talking to your employer informally. You should try and do this first before taking any further action.

However, it's not always possible to sort out your complaint in this way and you may need to take out a formal grievance. If you do decide to take out a grievance, there is an Acas Code of Practice which it is advisable to follow.

You don't have to follow the Code of Practice. However, if raising a formal grievance doesn't resolve your problem, you may need to think about making a claim to an employment tribunal. The employment tribunal can take account of whether or not it was reasonable for you to follow the Code when they decide how much compensation you should get, if any.

You should only think about going to an employment tribunal if you have tried to sort things out informally first. If you do need to go to a tribunal, there is a strict time limit within which you'll need to make your claim. This is usually three months from the event which happened in your workplace which you are complaining about.

The Acas Code of Practice sets out standards of fairness and reasonable behaviour that employers and employees are expected to follow in most situations when raising a grievance or taking disciplinary action.

To find out more about raising a grievance with your employer, see Resolving disputes at work – dealing with grievances.

Your employer has a complaint about you

Your employer may have a complaint about your work, for example, they're unhappy about the standard of your work or your time-keeping. These types of complaint are called disciplinary issues.

Your employer should try to sort out their concerns by talking to you informally first.

However, employers may not try to sort out the issue informally first and may decide to discipline you formally. In some cases, this disciplinary action may lead to dismissal.

If your employer takes formal disciplinary action or dismisses you, they should follow the Acas Code of Practice.

Your employer doesn't have to follow the Code. However, if you decide to take your employer to an employment tribunal, your employer could be ordered to pay you more compensation if they don't have a good reason for not following the Code.

To find out more about the procedures your employer should follow if they take disciplinary action against you or dismiss you, see Resolving disputes at work – disciplinary and dismissal action.

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