If an individual’s behaviour becomes unacceptable or they have failed to meet expectations at work, it can be difficult to know how to deal with it. As a starting point, these issues can and should be resolved informally.
If informal resolution isn’t an option, your business must have formal disciplinary procedures in place for employees. Not having a clear formal procedure in place can expose your business to costly legal claims, inconsistent management and unfair workplace practices.
The disciplinary procedures you follow will depend on an individual’s legal classification.
Employees are discussed here, but workers have more limited rights (while you don’t need a multi-stage disciplinary process to end their engagement, you must ensure the reason isn't discriminatory. They are also protected against discrimination and detriment for whistleblowing, but not from "ordinary" unfair dismissal).
Since the genuinely self-employed operate as their own business entity, their engagement is governed by the terms of their contract, not by employment law.
Acas defines a disciplinary procedure as a formal way for an employer to deal with employee misconduct or capability. This procedure must be consistent for all employees, regardless of the size of your business, but it can be adjusted to account for management structures. This written procedure should follow the Acas Code, promote fairness and transparency, and be easy for your employees to access.
To find detailed guidance on formal disciplinary procedures, visit the Acas website. This will take you through all the relevant steps, including:
Just like in every other industry, your business will deal with employee misconduct. When dealing with misconduct or failed expectations, it is important to have consistent and robust mechanisms for handling them. This will ensure that discipline remains constructive for both sides and will support a healthy workplace culture.
A significant focus for all businesses should be the overhaul of unfair dismissal rights brought about by the Employment Rights Act 2025. (Unfair dismissal occurs when an employer terminates an employee's contract without a fair legal reason or fails to follow a reasonably fair procedure during the dismissal process).
The qualifying period of employment for unfair dismissal protection will be reduced from two years to six months from 1 January 2027. And, the statutory cap on compensatory awards (previously limited to the lower of 52 weeks' pay or a set statutory figure) is being abolished.
For screen businesses, this means that employees (short-term or otherwise) gain full protection far earlier than before. Without a cap on compensation, a bungled dismissal for a high-earning producer or specialist technician could result in a tribunal award that significantly impacts a production’s budget.
For more information, please see our Article: New Restrictions on 'Fire and Rehire: What Screen Industry Businesses Need to Know.