We can sometimes spend more time with colleagues than we do with our own families. But what happens when things go badly wrong in the workplace? Here’s Macks’ guide to dealing with difficult employees.
Don’t allow something that could be nipped in the bud to escalate into a full-scale crisis.
“It’s easy for resentment to build on both sides if things are allowed to fester for a period of months, or sometimes even years. It could be that the employee has no idea that the way they’re behaving is unacceptable. Early intervention could help them get on track and avoid the need for further measures.”
Remember, it’s good to talk.
“Instead of ignoring problems, take time to speak to a difficult employee to find out how they’re feeling. He or she may have legitimate concerns that can be easily addressed. Ensuring that the employee knows they’re being listened to can often work wonders.”
Spell out exactly what is expected of the employee.
“Sometimes resolving problems is as simple as making it absolutely clear what the employee should be doing. Giving feedback isn’t always an easy thing to do, but it’s a vital part of any healthy working relationship. If you can put in writing how you’d like them to work differently, that’s even better. Try to avoid confrontation but leave the employee in no doubt about how they can improve.”
Keep accurate records of everything that happens.
“Writing things down is a sensible move, even if you hope to resolve the situation without resorting to disciplinary proceedings. If you do sort things out, great! If not, that evidence may prove invaluable later on.”
If you can’t resolve things informally, then you need to consider a formal disciplinary process.
“You should have disciplinary procedures in place. If you don’t for any reason then, at the very least, look at the ACAS website. It sets out the “gold standard” for dealing with problem employees. Make sure you follow these procedures carefully.”
Be clear in your own mind about what the issues are.
“Is the employee performing their role in a substandard way or is there evidence of misconduct? These two categories are different in legal terms. Don’t assume that just because an employee has been with you for less than two years that you can simply dismiss without potential consequences. Many claims don’t require any qualifying period of employment and there are other potential legal pitfalls as well that you need to be aware of. Follow good employment practice throughout any disciplinary process and, if in doubt, take advice! The cost of taking advice can be a small fraction of the price you may need to pay if you get things wrong and you end up in an Employment Tribunal.”
Macks Solicitors can give you all the help and advice you need on all aspects of employment law. Contact us on 01325 389 800.
