How do you run a disciplinary in a small cafe or kitchen? The same way a big employer does, scaled down: establish the facts, invite them properly in writing, hear their side, decide, confirm in writing with a right of appeal. The ACAS Code applies whether you employ four people or four hundred, and a tribunal can uplift compensation by up to 25% where an employer unreasonably ignored it. Here is the process at cafe scale.
Step 0: do not sack anyone mid-service
Whatever just happened at the pass, however bad it looked, dismissing on the spot is how employers lose cases they should have won. If you genuinely cannot have the person on site while you look into it, suspend on full pay and confirm in writing that suspension is a neutral act, not a punishment. Then breathe.
Step 1: a short, real investigation
Small does not mean skipped. Take statements from whoever saw it, preserve the till record or CCTV if relevant, and get the accused person’s account. In a five-person team this can take a day. Write it down: the file you build here is the case you present later, and the conversation that was never documented did not happen.
Step 2: the written invitation
Invite them to a disciplinary hearing in writing, setting out the specific allegations, enclosing the evidence, warning what the possible outcomes are (including dismissal, if it could be), and telling them they can bring a colleague or trade union representative. Give a reasonable interval to prepare, usually a couple of days.
Step 3: the hearing and the decision
Put the evidence, listen properly, and be willing to be persuaded; a hearing with a pre-written outcome is procedurally unfair. Adjourn before deciding. The sanctions ladder for most misconduct is a first written warning, then a final written warning, then dismissal with notice. Genuine gross misconduct (theft, violence, serious hygiene breaches, being drunk at work) can justify summary dismissal for a first offence, but only after this same fair process.
Step 4: confirm and offer an appeal
Confirm the outcome in writing, with the reason, how long any warning lasts, and the right of appeal. The appeal should be heard by someone not involved so far. In a small business that might be the owner where a manager ran the hearing, or an external HR consultant where nobody impartial is left. That last option is a service we provide precisely because five-person teams run out of impartial people quickly.
Why bother, for someone six months in?
Because from 1st January 2027 the Employment Rights Act cuts the unfair dismissal qualifying period from two years to six months, and because discrimination claims need no service at all. The fair process is quicker than it sounds (a fortnight, usually) and it is the cheapest insurance in hospitality.
Want a hand with this?
Book a free 15-minute call and we will tell you what applies to your situation and what to do first. Ad-hoc advice is £125/hr + VAT, billed in 15-minute increments.
General guidance for UK employers, correct at 22nd July 2026. Not advice on a specific situation. More guides for your sector: HR for cafes and coffee shops. Not sure where your gaps are? Check your HR Risk Score in 3 minutes.
