Understanding Difficult Employees
Understanding Difficult Employees
A “difficult employee” is not a legal term, but it broadly refers to staff members whose behaviour or performance creates challenges in the workplace. This can include poor performance – such as consistently missing deadlines, producing substandard work, or failing to meet targets – as well as challenging behaviour, like repeated lateness, disruptive conduct, insubordination, or conflicts with colleagues. Sometimes, the issue may be more subtle, such as a negative attitude that affects team morale or persistent resistance to feedback and change.
Common Reasons for Difficult Behaviour
It’s important to recognise that employees may become difficult for a variety of reasons. Some common causes include:
- Personal issues: Stress, mental health concerns, or problems at home can impact an employee’s behaviour at work.
- Workplace conflicts: Disagreements with managers or colleagues, or feeling undervalued, can lead to disengagement or disruptive actions.
- Lack of clarity: If an employee is unsure about their role or what’s expected of them, this can result in confusion and underperformance.
- Inadequate support or training: Employees may struggle if they haven’t received the necessary guidance or resources to do their job well.
- Cultural or organisational change: Changes in leadership, structure, or processes can sometimes trigger resistance or anxiety.
Understanding the root cause is key to resolving issues effectively. For example, an employee who is underperforming due to unclear expectations may respond well to additional support and clearer communication, while one who is persistently disruptive may require formal intervention.
Why Early Action Matters
Addressing concerns with difficult employees promptly is crucial. If left unchecked, these issues can escalate, affecting team morale, productivity, and even leading to grievances or claims. UK employment law – particularly the Employment Rights Act 1996 – requires employers to act fairly and reasonably when handling performance or conduct issues. This means giving employees the opportunity to improve and following a fair process if disciplinary action becomes necessary.
Taking early, informal steps – such as having an honest conversation, offering support, or clarifying expectations – can often resolve problems before they become serious. For further advice on handling such situations, the ACAS: How to Manage Difficult Employees resource outlines practical steps, including when to consider mediation and how to keep records of discussions.
Employers should also ensure they have clear policies in place and understand the basics of Employee Performance Management, which provides a framework for dealing with performance and conduct fairly and consistently.
By recognising the signs of a difficult employee, understanding the underlying causes, and taking timely, appropriate action, employers can protect their business and foster a more positive working environment.
Setting Clear Expectations and Communication
Setting clear expectations is the foundation of managing difficult employees effectively. When employees know exactly what is expected of them, misunderstandings and disputes are less likely to arise. This clarity begins with detailed job descriptions, which should outline not only the main duties and responsibilities but also the required skills, behaviours, and performance standards for the role. By ensuring that every employee has a written job description, employers can refer back to these documents if issues arise, making discussions about performance more objective and fair.
Equally important is communicating these expectations clearly from the outset. During induction and regular one-to-one meetings, managers should explain what good performance looks like, referencing any relevant policies or workplace standards. It’s helpful to provide concrete examples so that expectations are not left open to interpretation. For example, instead of saying “meet deadlines,” specify which tasks must be completed by certain dates and what the consequences are if deadlines are missed.
Regular feedback is key to preventing small issues from escalating into larger problems. Constructive feedback – both positive and negative – should be given as soon as possible after an event. This ongoing dialogue helps employees understand how their behaviour or performance aligns with expectations and gives them an opportunity to ask questions or raise concerns. Open communication also demonstrates that the employer is approachable and willing to support employees in meeting their goals.
Employers should also be aware of their legal obligations under UK employment law. The Advisory, Conciliation and Arbitration Service (Acas) Code of Practice on Disciplinary and Grievance Procedures highlights the importance of making rules and standards clear to all staff. Failure to do so can undermine any later disciplinary action and may be considered unfair if challenged at an employment tribunal.
If you’re looking for more guidance on the bigger picture of performance management, our overview of Employee Performance Management explains how setting expectations fits into a wider strategy for supporting staff and addressing issues early. For broader advice on handling employee issues and understanding your legal responsibilities, see our section on Managing Employees. By prioritising clear communication and regular feedback, employers can create a more positive working environment and reduce the risk of conflicts with difficult employees.
Providing Support and Reasonable Adjustments
Supporting employees who are experiencing difficulties at work is not only good practice but can also help prevent issues from escalating. There are several practical steps employers can take to provide support, including offering additional training, pairing the employee with a mentor, or adjusting workloads and responsibilities. These measures can help employees develop the skills and confidence they need to improve their performance or manage challenging situations.
It’s important for employers to recognise that some employees may be struggling due to underlying health conditions or disabilities, including mental health issues. Under the Equality Act 2010, employers have a legal duty to consider and, where reasonable, implement adjustments that enable employees with disabilities to carry out their roles effectively. Reasonable adjustments might include changes to working hours, providing specialised equipment, or allowing more flexible ways of working. Failing to make reasonable adjustments when required can amount to discrimination. For more on what disability discrimination can look like in practice, see our guide on Disability Discrimination at Work: What It Looks Like.
Mental health is a particularly important area for employers to understand. Many employees may not feel comfortable disclosing mental health concerns, yet these issues can significantly impact their work and wellbeing. Taking steps to foster an open and supportive environment – such as offering confidential support services or mental health training for managers – can make a real difference. Employers should also be aware of their legal responsibilities to support staff with mental health conditions. For more detailed information on supporting mental health and understanding employee rights, visit Mental Health and Work: Your Rights, or read about your responsibilities as an employer to support mental health.
By providing appropriate support and making reasonable adjustments, employers can help difficult situations become opportunities for positive change, while ensuring compliance with UK employment law.
Following Fair Disciplinary Procedures
When managing difficult employees, it is essential for UK employers to follow fair and lawful disciplinary procedures. Not only does this protect your business from claims of unfair treatment, but it also ensures that all employees are treated consistently and with respect. Below, we outline the key legal requirements and practical steps you should follow.
Legal Requirements for Disciplinary Procedures
UK employment law requires employers to handle disciplinary matters fairly and transparently. The Employment Rights Act 1996 sets out the basic rules for dealing with employee conduct and capability issues. In addition, employers are expected to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures, which provides practical guidance on running fair disciplinary processes. Employment tribunals will consider whether you have followed this Code when deciding if a dismissal or disciplinary sanction was fair.
Key legal principles include:
- Clear Procedures: Your disciplinary process should be clearly set out in your staff handbook or employment contracts.
- Consistency: Apply the same process to all employees to avoid discrimination.
- Right to be Accompanied: Employees have the right to bring a colleague or trade union representative to formal disciplinary meetings.
Steps in a Fair Disciplinary Procedure
A fair disciplinary procedure typically involves the following stages:
1. Investigation
Begin by investigating the issue thoroughly. Gather all relevant facts and evidence, such as witness statements or documentation. The investigation should be impartial and objective, allowing the employee to respond to any allegations.
2. Warning
If the investigation suggests misconduct or poor performance, you may issue a formal warning. This could be a verbal or written warning, depending on the severity of the issue and your company’s policy. Make sure the warning explains what behaviour needs to improve and the possible consequences if it does not.
3. Disciplinary Meeting
Invite the employee to a disciplinary meeting to discuss the matter in detail. Provide them with any evidence in advance and explain their right to be accompanied. At the meeting, allow the employee to present their side and respond to the evidence. After considering all information, decide on the appropriate outcome – this could be no action, a further warning, or, in serious cases, dismissal.
4. Appeal
Employees must be given the right to appeal any disciplinary decision. This should be heard by someone not previously involved in the case, if possible. The appeal process allows for a review of the decision and ensures fairness.
The Importance of Fairness and Consistency
Applying your disciplinary procedures consistently is crucial for avoiding claims of unfair dismissal or discrimination. Failure to follow a fair process can lead to costly tribunal claims, even if the underlying reason for the action was justified. Always document each stage of the process and communicate clearly with the employee.
For more detailed guidance on related topics, such as handling ongoing performance issues or supporting staff, visit our section on Managing Employee Discipline.
By adhering to the ACAS Code and following a structured, transparent process, you help protect your business and ensure a positive, respectful workplace culture.
Resolving Conflicts and Mediation
Resolving conflicts in the workplace is a crucial part of managing difficult employees. Addressing issues early and effectively can prevent problems from escalating, protect team morale, and ensure a positive working environment. One of the most effective methods for handling workplace disputes is mediation, which encourages open dialogue and mutually agreeable solutions.
The Role of Mediation in Workplace Disputes
Mediation is a voluntary and confidential process where an impartial third party helps those involved in a dispute to communicate more effectively and reach a resolution. In the UK, mediation is often used to resolve disagreements between employees, or between employees and managers, before formal disciplinary or grievance procedures are considered. According to Mediation in the Workplace: A Guide, mediation is not about deciding who is right or wrong, but rather about finding a way for everyone to move forward and work together more productively.
Mediation can be particularly useful for addressing personality clashes, communication breakdowns, and misunderstandings. However, it is generally not suitable for issues related to pay, dismissal, or serious misconduct, where formal procedures are usually required.
Tips for Managers: Facilitating Positive Communication and Conflict Resolution
Managers play a vital role in resolving conflicts before they escalate. Here are some practical steps you can take:
- Act Early: Address issues as soon as they arise. Early intervention can prevent minor disagreements from turning into major disputes.
- Create a Safe Space: Encourage open and honest communication. Make it clear that everyone’s perspective will be heard without judgement.
- Stay Neutral: Remain impartial and avoid taking sides. Focus on the facts and the impact on the team, rather than personal feelings.
- Listen Actively: Show empathy and understanding. Summarise what you’ve heard to ensure all parties feel acknowledged.
- Set Clear Expectations: Remind employees of the standards of behaviour expected in the workplace and the importance of respect and collaboration.
- Encourage Solutions: Guide the conversation towards finding practical, mutually acceptable solutions rather than dwelling on past grievances.
For more detailed advice on mediation techniques and fostering constructive dialogue, see our dedicated page on Manager Mediation Tips.
When to Involve HR or External Mediators
While many conflicts can be resolved informally by line managers, there are situations where additional support is needed. You should consider involving your HR team or an external mediator if:
- The dispute is complex or involves multiple parties.
- Previous attempts to resolve the issue informally have failed.
- There are allegations of bullying, harassment, or discrimination.
- There is a risk of the dispute affecting wider team morale or company reputation.
HR professionals can provide guidance on the appropriate procedures and ensure compliance with relevant employment laws, such as the ACAS Code of Practice on Disciplinary and Grievance Procedures. In some cases, bringing in an external mediator can offer a fresh perspective and help break deadlocks.
If you are unsure whether to escalate a conflict or seek formal help, our section on When to Seek Formal Help offers further guidance on recognising when professional intervention is appropriate.
By understanding the role of mediation and knowing when to seek additional support, employers can handle workplace conflicts more effectively and maintain a positive, legally compliant working environment.
When to Consider Termination
When to Consider Termination
Termination of employment should always be a last resort when managing difficult employees. Before reaching this stage, employers are expected to explore all reasonable alternatives and ensure they are acting fairly and lawfully. Below, we outline when dismissal may be necessary, the legal risks involved, and steps you can take to minimise those risks.
Circumstances That May Justify Termination
Termination may be considered when an employee’s behaviour or performance continues to fall short of expectations, despite clear communication, support, and opportunities for improvement. Common scenarios include:
- Gross misconduct: Serious breaches such as theft, violence, or severe policy violations may warrant immediate dismissal.
- Repeated poor performance: If an employee fails to meet reasonable performance standards after being given the chance to improve, termination may be appropriate.
- Persistent misconduct: Ongoing minor misconduct, where warnings and interventions have not led to improvement, can also justify dismissal.
It’s vital to ensure that any decision to terminate is backed by clear evidence and follows a fair process.
Legal Risks and How to Minimise Them
Dismissing an employee exposes employers to legal risks, including claims for unfair dismissal, discrimination, or wrongful dismissal. To minimise these risks:
- Follow a fair disciplinary procedure: This typically involves conducting a thorough investigation, holding a disciplinary hearing, and giving the employee an opportunity to respond.
- Keep detailed records: Document all meetings, warnings, and support provided.
- Apply policies consistently: Ensure your actions align with your company’s disciplinary and grievance procedures.
- Comply with statutory requirements: Employees with over two years’ service have the right not to be unfairly dismissed under the Employment Rights Act 1996.
For a deeper understanding of the legal requirements and best practices, see our guide on Dismissal: Legal Considerations and Procedures.
Alternatives to Dismissal
Before proceeding with termination, consider less drastic options such as:
- Performance improvement plans (PIPs): Set clear targets and provide additional support to help the employee improve.
- Redeployment: Offer the employee a different role within the organisation that may better suit their skills or temperament.
- Mediation or coaching: In cases of interpersonal conflict or behavioural issues, professional mediation or coaching can sometimes resolve underlying problems.
By exploring these alternatives, you demonstrate a commitment to fairness and can often resolve issues without the need for dismissal.
Careful handling of difficult employees protects your business from legal claims and helps foster a positive workplace culture. Always seek professional advice if you are unsure about the correct procedures or your legal obligations.
Additional Resources and Related Topics
When managing difficult employees, it’s important to recognise that every situation is unique and may require a tailored approach. To support you further, we’ve gathered additional resources and related topics that can help you navigate common challenges and understand your legal obligations as an employer.
If you are looking for broader guidance on supporting your workforce, our page on Managing Employees covers essential legal requirements and best practices for creating a positive working environment. This includes advice on setting expectations, communication, and handling workplace conflicts in line with UK employment law.
For situations where performance is an issue rather than conduct, you may find our guide to Steps to Take if an Employee is Underperforming useful. It outlines a structured approach for addressing underperformance, including informal discussions, performance improvement plans, and when to consider formal disciplinary action, all while complying with the ACAS Code of Practice.
If you employ staff who work outside traditional office settings, our resource on Managing Remote Employees provides practical tips on maintaining productivity, monitoring performance, and ensuring fair treatment for remote workers. This includes guidance on communication and wellbeing, which are especially relevant when managing difficult situations at a distance.
It’s also important to be aware of the specific needs of neurodiverse employees. Our guide to Managing Neurodiverse Employees explains how to make reasonable adjustments under the Equality Act 2010, and offers advice on supporting neurodiverse staff members in a way that is both fair and legally compliant.
While these resources provide valuable information, complex cases – such as those involving allegations of discrimination, mental health concerns, or potential dismissal – often require specialist advice. Consulting with an employment law professional or HR expert can help ensure that your processes are fair, legally compliant, and tailored to your organisation’s needs. This can reduce the risk of tribunal claims and foster a more positive workplace culture.
Remember, effective management is not just about addressing problems as they arise, but also about creating an environment where employees feel supported and understood. Use the resources above to expand your knowledge and seek professional guidance whenever you are unsure about the best course of action.
