MANAGING PERSONALITY CLASHES

KEEPING THE PEACE What’s the secret to managing personality clashes in the UK ? Jane Cotton explains

Unfortunately, personality clashes employees. The morale of a whole team employers should ensure that they between co-workers are an or a department can be affected and have a written grievance procedure that inevitable feature of working life. employers may lose good employees if encourages employees to raise issues The reasons behind squabbles among the issue is not quickly resolved. The about their working environment colleagues can often appear petty, but conflict could also affect the employer’s informally to their manager or to HR. they can cause serious problems for business or reputation if it affects If clear procedures are in place, this can the employer. These problems include productivity, professionalism or help to bring issues to the employer’s friction between team members (who service levels. attention before things get out of hand. may feel pressured to take sides), which The quicker the employer recognises Furthermore, regular one-to-ones could then lead to absences for sickness that there is a problem, the more likely between managers and their team and stress; having to deal with grievances it can be resolved without escalating. members will create a climate where by other workers against the perceived Often, a personality clash will be employees are encouraged to be open troublemaker; and loss of management obvious, or the employer will learn and to talk about any problems they time spent dealing with the issue. about it through other employees by have at work. Employers should train It is estimated that, on average, way of informal complaints or formal managers on how to spot signs of over 15% of management time is spent grievances, but there will be cases where conflict at an early stage (for example, dealing with personality clashes between it is not apparent to the employer. So dips in productivity, one employee

58 The Treasurer September 2014 www.treasurers.org/thetreasurer HANDLING A IN THE UK

If the employer has explored the potential consequences if it all avenues to try to resolve does not change, before ruling the conflict, there may be no a dismissal fair. alternative but to dismiss an A tribunal will also consider employee. In personality-clash the position that the dismissed situations where there is no actual employee held when deciding misconduct, the dismissal can whether the dismissal was fair be justified on the grounds of ‘some other substantial in all the circumstances. Therefore, different types of reason’, which is a potentially fair reason under section reason could justify the dismissal of the junior, 98 of the Rights Act 1996. To be fair, for example, from those that could justify the dismissal however, the conflict has to be causing substantial of a senior manager. In a Court of Appeal case, the disruption to the employer’s business. In one reported claimant had worked for his employer for more than case, an employee’s frank discussions about her sex 16 years as an FD, and his competence was not in life offended some female employees and had led to dispute. It was his management style – described as an unbearably tense atmosphere in the workplace. “aloof, stubborn and at times intimidating” – that was The Employment Appeal Tribunal held the employee’s the problem. During the disciplinary proceedings, he dismissal to be fair, since it found that this atmosphere launched a verbal attack on the CEO. Although his was seriously affecting the employer’s business. The employer did not follow a perfect process in dismissing respondent’s business was small and it had no real him, the court acknowledged that this was an employee alternative but to dismiss her in the circumstances. who “was in a senior position and could not work The outcome would have been different if there was harmoniously with colleagues and outsiders with whom no evidence of any disruption and the employer’s a good working relationship was essential”. size and resources meant that the employee could be It may well be more difficult to dismiss for personality moved elsewhere. clashes where the friction is due to employees’ A tribunal will expect to see that the employer has conflicting views (as opposed to one employee’s taken all reasonable steps to resolve the conflict without conduct or attitude), particularly where the views resorting to dismissal and that the employee in question are based on a belief that is protected under has been told about the effect of their behaviour and discrimination law. withdrawing from colleagues or taking harassment, the employer may consider cannot be allowed to continue. If unusual amounts of sick leave) and on taking disciplinary action. As with attempts to mediate have failed, the how to handle difficult conversations. any potential disciplinary hearing, it employer should look at whether If employees feel able to talk openly to is essential that employers carry out a certain employees can be redeployed their manager, problems with colleagues full investigation to get the full picture to different teams or a different role or can often be nipped in the bud before a before deciding whether any further whether their working patterns could formal grievance is raised. action needs to be taken against the change so that they do not work the The first step for an employer when employee or employees. Dismissal for same shifts. If redeployment or a change faced with a clash of personalities in the misconduct would only be appropriate in hours is possible, this will need to be workplace is to take steps to resolve the in the most serious of cases – in other handled carefully to avoid constructive problem informally. In an ideal world, situations, an informal or formal dismissal claims from the employees the employer will be able to sit down warning could be justified, with a clear (see box, above). with the individuals involved and talk message that the behaviour is not The key to managing employee through the issues to try to understand acceptable and should not be repeated. clashes effectively is to try to prevent both sides. It may be that just talking In many cases, there will not be problems escalating, by encouraging through the difficulties will resolve the any ‘misconduct’ as such; it is simply early communication and to then take problem, especially if one party has not that employees have different views positive and prompt action when issues realised how their behaviour or actions or different personalities and this has do arise. have affected colleagues. Managers can led to conflict and a breakdown in act as mediators to encourage those relations. If this is the case, and the involved in a personality clash to discuss problem cannot be resolved informally, what positive steps can be taken by each it may be necessary to put in place a Jane Cotton is a legal director of them to sort out the problems. more formal procedure to manage at DLA Piper If a formal grievance has been raised, the issue. Managers should hold this should be dealt with promptly and individual meetings with all parties an appropriate investigation carried involved to explain how the issue out. If it appears that an employee’s is affecting the business and other behaviour could amount to bullying or employees and to explain that it

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