What Happens When a Complaint is Made Against You

Complaints can be made for a variety of reasons: an upset participant, concerned parent, and carer, from an official, through your governing body. A malicious complaint could be made by someone unhappy with a coach’s decision around selection, coaching practices, how they treat an individual or opportunities they are providing participants.

It would be naive to think a complaint could never be made against you, so let’s explore and understand what rights you have as a coach if you ever ﬁnd yourself subject to a complaint and investigation.

Employment status

If you’re a volunteer coach, a contract coach, or are self-employed, you will not have the same options available to you as an employed coach. As an employee, you will have additional rights that a volunteer or self-employed coach will not have.

This can be useful when gathering evidence before seeking legal advice.

Understanding your National Governing Body (NGB)

Each NGB has its own constitution, processes, and procedures that have been developed and that outline its powers, jurisdiction, and limitations over disputes affecting anyone connected to the sport or physical activity.

It is important to understand which NGB oversees and governs your sport and physical activity to understand and be aware of which disciplinary procedures will apply to you.

Most NGBs adopt their own quasi-legal systems, which have rules that are interpreted by a disciplinary tribunal, panel, or committee (court).

This simply means that proceedings are conducted by an executive official, administrator, or representative of the organisation to adjudicate a judgement in making a decision, similar to a court proceeding.

What can you do if a complaint is made against you?

It’s important that you do not panic. Although it isn’t nice to know that you are under investigation, no formal decision has been made and your employer should conduct themselves in a reasonable manner.

Being prepared and informed, and knowing what to expect from a disciplinary hearing will give you the best chance of securing a just outcome.

The UK Coaching Sports Law Clinic, working in partnership with The University of Sussex, can provide free legal advice for coaches facing an investigation.

Depending on the nature of the complaint made against you, the investigation may take time and if it is a safeguarding concern, your employer and NGB can suspend you from coaching whilst the investigation stage is conducted.

This is sometimes referred to as a TSO (Temporary Suspension Order). If you’re employed you can expect to be fully paid whilst the investigation is ongoing, but you should consult the terms of your employment contract.

During this time, your employer is required to have a formal disciplinary procedure and they must make this accessible to you. You need to provide your legal advisor with this document to help you identify any areas where your employer is not following their own policy.

If you’re asked to attend an investigatory meeting you should be told exactly what the allegation(s) made against you are.

You’re generally not allowed to be accompanied at an investigation meeting; however, it would be worth checking if this is permitted in your employer’s policy.

You should always co-operate with an investigation as withholding information or misleading the investigators will undermine your credibility.

The best thing to do is be honest and put forward your side of the story as soon as possible.

It’s helpful to write down your version of events and collect any evidence that will support this. This could be a copy of the session plan, a witness name and statement, or a coaching manual highlighting the technique or approach you used, depending on the reason for the investigation.

Woman on a racing track writing on a clipboard

This may appear to be a large burden and you may feel unfairly treated by the investigation, but this can be a lengthy process and it will pay off if you prepare and act in good faith.

Additionally, if you provide a verbal or written statement early in the investigation, ensure that your main points are documented accurately.

What happens once an investigation is concluded?

Once the investigation has been completed, you will be informed whether there is a case to answer. If there are no grounds to pursue the complaint, that should be the end of the process and you can continue coaching.

If your employer or NGB decides that a disciplinary process is necessary, you should familiarise yourself with the Advisory, Conciliation, and Arbitration Service (ACAS) code of practice. This is a practical guide that sets out the principles of the process, highlighting good practice and procedures.

The code will help you and your legal advisor identify areas where your employer may fall short and can be used at an employment tribunal.

Click on the tab below to find out more about ACAS.

Why is ACAS important?

The basic components of a fair and transparent procedure are found within the ACAS code. The ACAS code is not ‘hard law’ but in any proceedings the court, employment tribunal, or arbitration committee, should consider them. The code emphasises the importance of developing and using rules and procedures when handling disciplinary situations.

Lawyers tend to attack the procedural requirements of an employer when defending an employee as it is diﬃcult to challenge the reason for a coach’s dismissal or suspension. Therefore, it is very important to gather evidence and record situations when this occurs as it may help your case.

The duty your employer owes to you whilst they investigate

Your employer has a duty to take care of your health and safety (including your well-being) and not to act in a manner that destroys mutual trust and conﬁdence.

This extends to taking reasonable steps take care of your mental health and well-being. As a minimum, you can expect your employer to provide you with a conﬁdential advice service.

If you do require mental health treatment, it is important you notify your employer and keep records of any support, meetings, and correspondence relating to this. This will enable your employer to make informed decisions to protect you.

Getting help

Here’s how we can help. UK Coaching in collaboration with the University of Sussex have established a Sports Law Clinic offering free legal advice to sports coaches throughout the UK.

The students, supported and mentored by experienced sports law practitioners, can listen and advise coaches on a range of legal issues.

The clinic can oﬀer advice on issues and concerns around: