We’ve all seen it. A star performer who meets their KPIs, beats everyone else on their sales targets, brings in all the good business, the clients all love….but…..is a bit of a jerk. Do you just, as per the immortal words of The Beatles, ‘Let it Be?’ Or, as an employer, do you have to do something about it?
The first question is, do you want to do something about your golden child? After all, they make your numbers look good and no one has complained about their behaviour. Why ruin a good thing? But your gut says something is not right. They make snide comments about people behind their back, they’re dismissive of Gina in marketing, they roll their eyes at Gunther in finance, they don’t invite Terry to lunch with the team, their expenses seem a bit high, they refuse to do monthly reports, they suspiciously take the last yoghurt in the fridge belonging to Rosa.
So, do we do something about it? The short answer is yes. This sort of behaviour, if left unchecked, can result in harassment and bullying claims, staff leaving and people going off sick. It can crush staff morale and ruin the culture of your organisation. Especially if it is perceived that you are protecting them. It only takes one person.
Ok so you know you need to do something. What’s the first thing? Does your company have some sort of code of conduct, behaviour guidelines or policy? Does your employment contract with the employee require them to behave appropriately? Most organisations have something that says that you should ‘behave respectfully’ or with values such as ‘collaboration’, ‘honesty’ or ‘inclusion’. Is the behaviour in breach of these rules?
Next you need to consider whether particular incidents need to be investigated further. You’ve seen some of it but you’re not sure if it was ‘just you’ who perceived it in that way. You know others have. Does it require a formal investigation or simply a preliminary fact finding inquiry? Should that be done by you or perhaps your HR team or someone external? We look at investigations in our What’s Up blog. For today, let’s assume there is enough there that you need to take some action.
What are your options?
If the incidents are relatively minor, it may be that you need to have a coaching conversation. You need to be well prepared for this difficult conversation. You should make a filenote or record of this conversation and diarise to follow up in a few weeks. If behaviour does not improve, you may need to move to the next level.
You may wish to consider a warning for their behaviour. Do the incidents amount to misconduct? Or an example of poor performance? The severity of the warning will depend on the incidents that you can prove in your investigation. Or if your coaching conversation hasn’t worked, you may need to start providing warnings, ranging from a first warning to a final warning. Consider what else you may be able to direct them to do to improve their behaviour – training? Mentoring? More frequent coaching? A different coach? A facilitated mediation?
If the warnings are not working, or the behaviour is so serious, you need to escalate the disciplinary action. Is termination warranted? You need to have a valid reason for the termination as well as go through a fair process. Is there an alternative to termination e.g. demotion? Taking away people resp onsibilities? Withholding or reducing a bonus? The decision maker will need to consider all of the evidence and options. It is recommended that you seek legal advice at this stage, especially if the relationship with the individual has gone south, you have staff that have or are threatening to bring a claim, or staff morale has taken a dive.
So, when you find yourself in times of trouble, perhaps this time you can’t let it be. If you’re an employer in such a situation, get in touch with us and we’ll help you Get Back To Where You Once Belong.
Remotely Legal can assist employers and boards on all aspects of employment law, including preparing relevant clauses in contracts, providing training to staff on appropriate workplace behaviour, advising on an appropriate course of action to navigate a difficult employee, conducting independent investigations, training your staff on how to conduct investigations and defending any legal claims. Feel free to contact us here.
This blog is general advice only. Please obtain legal advice in relation to your specific circumstances.
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