How to deal with problematic employees

In this video Astrid Yarwood, Service Director and Employment Lawyer at NorthgateArinso Employer Services gives her top tips on how to deal with problematic employees through both a formal and an informal route and what you as a business can do to rectify those problems.

There are lots of reasons why employees may be problematic, some of the primary issues can be:

• Clash of personalities
• Poor attitude
• The inability to complete contractual duties
• Timekeeping

If you have a problematic employee it can take up valuable time trying to rectify the situation. However if you manage these issues early on in the contract it can improve the situation in the workplace, save time and improve efficiencies.

An informal approach

When dealing with a problematic employee, you should never underestimate the benefits that you can achieve from an informal approach and simple discussion.  Once you have set aside the time to have a discussion with a problematic employee there are certain key criteria that you should consider.

• Redefine Expectations
  Clarify the required standards, what you expect from the employee and what they expect from the job. Sometimes it can be as simple as revisiting their job description.
• Identify Areas of Concern
  It is for you as an employer to consider any areas the employee is struggling with. It is also the opportunity for you to set out clearly the areas of concern that you have with them and what they should be doing about it.
• Identify the Root of the Issue
  Try to establish the likely causes of poor performance. This could be asking them: if they have got problems at home or problems in the workplace; is there a colleague they don’t get along with; are there some issues we should be concerned about.
• Identify Any Gaps in Training
  If new processes and procedures have been introduced into the workplace, it may take some longer than others to get to grips with it. It may be that an employee feels inadequate because they haven’t had enough training.
• Set and Review Targets
  When dealing with problematic employees set targets from improvement and review these periodically, four weeks is reasonable timeframe to see if there has been an improvement. Clarify what you aim for them to achieve and on what timescales.  It is also a good idea to make a note of these informal meetings, just in case you need to refer back to them.

A formal approach

If the informal approach isn’t going to work for you then you may have to consider the formal procedure.

When undertaking the formal procedure we would always recommend that you take some employment law advice. You also need to consider the following:

• Do you have robust policies and procedures in place.
• Do your employees have handbooks, with information on the procedures.
• Do all of your employees have a contract of employment, setting out what they are required to do in this situation.
  • Start with an investigation
    An investigation will give you the framework to build your allegation. If you find that there isn’t enough evidence – stop and don’t consider pursuing any further. Once you are on the course if a formal procedure you will generally have to complete it.
  • Disciplinary hearing
    The employer should be invited to the disciplinary hearing in writing, they have the right to be accompanied to the hearing and they should be given at least 24 hours notice.  The hearing should give the employee the opportunity to explain any mitigating circumstances. As the employer you should put your allegations and concerns to  them and consider their response.
  • The outcome
    You may decide at the disciplinary hearing that you will not pursue the formal procedure any further, in which case you can end it there without completing it. If you are pursuing the formal procedure you should confirm the outcome and the penalty and sanctions you are imposing and offer them a right of appeal.

Whichever route you take, whether it is the informal or formal procedure we recommend that you take advice.