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Managing Complaints About Past Misconduct by Members of Your Workforce

This guide explains how to respond when a concern is raised about bullying or unacceptable behaviour that took place before an individual joined your business or started to work on your production. These situations can feel complicated, but the focus is simple: you cannot discipline someone for something that happened before you engaged them, but you do have a duty of care to protect your current team and to make informed decisions based on risk, trust, and the impact on working relationships. 
 
Employees and freelancers must be managed through different processes. This guide sets out a clear step-by-step approach for each, to help you take fair, consistent, and proportionate action. 

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This guidance is produced by Sally Bendtson, Founder of Limelight HR. 

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Your Duty of Care

When a concern is raised about past behaviour, it’s important to think about the impact that behaviour may have now or in the future. Even if the behaviour didn’t take place while the individual was working for you, their continued presence could still affect the wellbeing of others. 

If someone’s involvement in your workplace is causing genuine stress, fear, anxiety, or disruption, whether to the person who raised the concern or to others in the team, that becomes a risk you need to take seriously. Your responsibility is not about judging or punishing past behaviour. It is about understanding and managing the ongoing impact and ensuring people feel safe and supported at work. 

In the screen industry, trust and reputation are everything. Allegations, even historical ones, can unsettle teams, strain working relationships, and affect how people feel about a production or business. A prompt, calm, and well-organised response helps you meet your duty of care, protect everyone involved, and make informed decisions based on risk rather than reaction. 

Managing Historical Complaints Involving Employees

Every situation will be different, so there is no single correct approach. It is sensible to seek support from HR or an employment lawyer before taking action. The steps below are intended to guide you through how the process may work in practice. 

Step 1. Initial response 
Acknowledge the concern promptly and thank the person for raising it. Reassure them that the matter will be handled fairly, and sensitively. Avoid making any early judgments. 

Ask them to provide full details so you can make an accurate record. It can also be helpful to ask what outcome they are hoping for, while being clear that this may not ultimately be possible. Check whether they are comfortable for you to look into the matter further, as this may involve sharing details with the person they are raising the concern about.  

It’s also important to check if they need immediate wellbeing support.

 

Step 2. Understand what process applies 
Because the alleged behaviour happened before the employee joined you, a disciplinary process for misconduct won’t apply. Your focus is on whether the information affects trust and confidence now.  

Even if no formal grievance has been raised, the fact that a concern has been shared is enough reason to investigate. You have a duty of care to the person raising the concern and to the wider team. The aim at this stage is to understand what happened, what evidence exists, and whether there is any current risk to colleagues, contributors, or the reputation of the production or company. 

 

Step 3. Plan and conduct an investigation 
Decide who will carry out the investigation. Depending on the size and set-up of your organisation, this may be you, another senior manager, HR, or an external consultant for more complex cases. 

The investigator may need to speak to the complainant again, as well as the employee and any potential witnesses. In cases involving historical behaviour, you may not be able to access evidence from previous employers or productions. Keep a record of what you have tried to obtain and focus on what you can reasonably verify, as well as the potential impact on your current working environment. 

 

Step 4. Assess risk and impact 
Consider whether the information raises concerns about safety, behaviour standards, working relationships, or your ability to maintain trust. Think about whether the working relationship can realistically continue, whether adjustments are needed, or whether training, mediation, or other support may help. 

In more serious cases, dismissal for some other substantial reason may be considered, but only where trust has been damaged beyond repair and a fair investigation has taken place. 

  

Step 5. Decide on next steps and communicate clearly 
If any form of disciplinary action is being considered, you will need to follow your disciplinary process (which may be based on the ACAS publication). This may well include inviting the employee to a formal meeting and allowing them to be accompanied. Share all relevant information with them in advance and give them a genuine opportunity to respond before making a final decision. They should also be given the right to appeal the outcome. 

This is not a court of law, and the test is not whether something is proven beyond a reasonable doubt. What matters is whether your decision is fair and reasonable, based on the available evidence and the process followed. 

Communicate sensitively with the person who raised the concern, explaining what you can and cannot share due to confidentiality. 

 

Step 6. Provide support 
Check in with everyone involved. Historical allegations can be unsettling for teams and may cause anxiety or tension. Offer wellbeing support, signpost to relevant services, and encourage open communication without sharing confidential details.  

Managing Historical Complaints Involving Freelancers or Contractors

As with employees, it is sensible to seek support from HR or an employment lawyer before taking action. You may also wish to take advice from a commercial lawyer when reviewing freelance or contractor agreements. Freelancers are not subject to employee policies and processes, so it is important to keep the two approaches clearly separate.  

As a preliminary step, you may need to review whether a specific arrangement is actually a freelance contract, or whether, despite any written terms, it actually amounts to a worker or employee relationship.  

Step 1. Initial response 
Respond promptly and acknowledge the concern. Record the information factually and assess whether there is any immediate impact on safety or wellbeing. Reassure the person raising the concern that it will be taken seriously and handled fairly and sensitively. 

 

Step 2. Review the contract 
Freelancers are not managed through employee disciplinary procedures. Review the contract for relevant clauses, such as conduct standards, reputational harm, safeguarding requirements, confidentiality, or termination rights. These terms will shape what action is available to you. 

 

Step 3. Conduct a fair and proportionate investigation 
Although you do not need to follow a formal grievance or disciplinary process, it is still important to investigate before making decisions. This helps ensure fairness and reduces risk. 

Speak to the person raising the concern and confirm they are happy for you to look into the matter. Gather any available information from previous productions or companies, as well as from any witnesses they suggest may have relevant insight. Offer the freelancer the opportunity to share their account and any context. 

Make sure they understand the nature of the concern and how it may affect the production or team. Focus on the current impact rather than the original incident. Keep the process respectful, proportionate, and consistent. 

 

Step 4. Assess risk and decide on action 
Consider whether it is appropriate for the freelancer to continue working with you. Options may include continuing with additional support or boundaries in place, changing duties, pausing the engagement, or ending the contract in line with its terms. Link your decision to current risk and impact, not the past behaviour itself. 

 

Step 5. Communicate the decision 
Explain the outcome to the freelancer clearly and calmly. Keep communication factual and grounded in the contract and the findings of your investigation. Give them the opportunity to respond and time to process the decision. If their contract is being brought to an end it may come as a surprise and they may be unhappy with the outcome, but being heard can help bring the situation to a close. 

Communicate sensitively with the person who raised the concern, explaining what you can and cannot share due to confidentiality. 

 

Step 6. Support the complainant and the team 
Freelancers often work closely with employees and other freelancers. Provide reassurance, outline any steps being taken, and offer wellbeing support as needed. Avoid speculation or sharing confidential information.

Strengthening Prevention for the Future

Strengthening Prevention for the Future 

Historical complaints can highlight gaps in policies, contracts, or culture. Use these situations to strengthen your approach. Review your policies to ensure they set clear behaviour standards for both employees and freelancers. Make sure contracts include conduct and reputational clauses that support appropriate action. 

Provide training for managers on handling complaints sensitively and fairly, and encourage people to raise concerns early without fear of judgement. 

WorkWise takeaway: By taking concerns seriously and responding thoughtfully, you build trust that issues will be listened to and addressed. This can only strengthen your culture and help create safer, more respectful working environments across the industry. 

Sally Bendtson

Founder at Limelight HR

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