This will depend on the status of the coach – are they employed or self-employed? Clubs in particular should be very careful about issuing disciplinary proceedings against a self-employed coach – this action could suggest that the coach is actually an employee rather than a self-employed worker.
It is therefore vital to ensure that the status of a worker is clear before instigating any form of disciplinary action.
Employees should be dealt with in accordance with the disciplinary procedures laid down by ACAS, the conciliation service. These procedures should be referred to in the employee’s contract and an employer can contact ACAS for free advice on how to correctly implement the procedures to ensure that there is no future issues should the matter end up in a tribunal hearing.
A self-employed worker should not be subject to a formal disciplinary hearing – this may be proof that the person is actually in an employment relationship and therefore has significant employment rights. A self-employed worker should be called in for a meeting (NOT called a disciplinary hearing) and the issues regarding their work/conduct discussed.
If the worker is truly self-employed, the club can decide to stop using the coach (and therefore stop paying them) until either the issues are rectified to the club’s complete satisfaction, or the club can terminate the contract (with or without notice, depending on the terms of the contract with the coach).
A robust self-employment contract is therefore important and should outline the procedure for possible termination of the contract as outlined above.
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