If you identify that an employee is being difficult, you will need to consider how serious you think their behaviour is. A good starting point is to refer to your disciplinary policy, which will usually provide examples of what behaviour amounts to misconduct and what constitutes gross misconduct.

Cases of gross misconduct are generally more straightforward and are easier to identify. This is where the employee’s behaviour is so serious that, if it is proven, warrants dismissing the employee immediately without notice or pay in lieu of notice.

However, in most situations behaviour usually falls short of gross misconduct and generally falls within the category of misconduct. An intervention will on most occasions resolve the problem – to the benefit of all – but sometimes issues take more time to work through.

Dealing with misconduct

Dealing with cases of misconduct, particularly where that misconduct is repeated, invariably takes time to manage. This typically involves a staged warning process – a verbal warning, followed by a first written warning, then a final written warning and ultimately dismissal. In these circumstances, dismissal would be with notice or payment in lieu of notice.

If your policy does not provide for a staged warning process in cases of misconduct, it is recommended that you follow one anyway. Best practice is to follow a staged process and this would be the expectation should you find yourself before an employment tribunal.