Employees Not Getting On
Businesses tend to function most effectively when there are relatively harmonious working relationships between employees. One of the most difficult situations for any business is where two employees suffer a complete breakdown in their working relationship whether this is the result of some kind of personality clash or simply the employee's perceived grievances about each other.
In some cases, it will become fairly clear after some investigation that one employee is the more guilty party and that it is therefore appropriate to take disciplinary action against that one particular individual. The more difficult cases are where there is fault on both sides.
The employer who is faced with two individuals who will not work together effectively is under a duty to make some efforts to resolve the situation amicably before resulting to more formal procedures. In practice, the most common approach is to arrange a three way meeting between the two unhappy employees and a third party who will often be their manager and/or a human resources specialist. The central purpose of this meeting will not be to air grievances but to explore practical ways of working together in the future. The employees should be asked to enter into some definite agreement about how they will work together in the future.
In the event that the three way meetings do not improve the situation, then an employer has to consider the possibility or moving one of the employees. In the event that neither employee is prepared to move by consent, then the employer needs to check whether there is a flexibility clause in their contract. Provided that the flexibility clause is operated carefully, this will allow the employer to remove one of the employees whether or not there is consent on their part.
The situation is yet more difficult where there is no possibility of relocation or where there is no flexibility clause. The employer cannot be expected to be indefinitely tolerant of employees who will not work together. If the employer has attempted to resolve matters through holding three way meetings and yet the employees still continue to refuse to work together properly, then it may be reasonable for the employer to terminate their contracts of employment. It would be necessary to follow a formal process before doing so and to seek legal advice but, in general terms, the Employment Tribunal recognises that it may be necessary to dismiss employees where their failure to work together causes disruption and where attempts at resolution have failed. In legal terms, this is described as some other substantial reason for dismissal.
October 2008
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Paul Archer or Lauren Harkin on 01793 527141 or alternatively by email on Paul.Archer@lemon-co.co.uk or Lauren.Harkin@lemon-co.co.uk.
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<p><strong><a href="http://www.lemon-co.co.uk/article_employees-notgettingon.php">Employees Not Getting On</a></strong><br />
One of the most difficult situations for any business is where two employees suffer a complete breakdown in their working relationship whether this is the result of some kind of personality clash or simply the employee's perceived grievances about each other...</p>
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