How to deal with workplace personality clashes
Why does it matter?
Serious personality clashes can have a significant long-term impact on a business, particularly if they involve senior managers. If you fail to tackle a personality clash, it could lead to a hostile working environment or divided workforce (resulting in bullying and harassment complaints), low staff morale, a decline in productivity, increased levels of stress and poor mental health, increased sickness absence rates and an inability to retain clients/customers.
Pro advice. Don’t let even minor personality clashes go unchallenged as otherwise you risk the situation escalating.
SOSR dismissal
Under s.98 Employment Rights Act 1996 (ERA) , it’s potentially fair to dismiss for “some other substantial reason of a kind such as to justify the dismissal of an employee holding the position which the employee held” (SOSR). Where the reason for dismissal is SOSR, whether it’s then fair depends on whether in the circumstances (including business size and administrative resources) you acted reasonably in treating that reason as a sufficient reason for dismissal.
Pro advice. Unless there’s misconduct by the employee, don’t treat a personality issue as a conduct matter and so don’t invoke your disciplinary procedure. Instead, when considering dismissal, focus on the impact the issue is having on the business and seek to rely on SOSR.
Pro advice. As the dismissal reason must be “substantial” and not trivial, the personality clash needs to be causing severe business disruption for a dismissal to be deemed fair. In Perkin v St George’s Healthcare NHS Trust 2005 , P (the finance director) was dismissed following complaints about his abrasive and intimidating manner which resulted in a breakdown in his relationships with other members of the executive team. The Court of Appeal held that P’s dismissal was fair for SOSR because, although an employee’s personality alone can’t be a ground for dismissal, P’s personality, which manifested itself through his behaviour, had resulted in a breakdown in confidence in him. However, the facts of this case were extreme, and it won’t be fair to dismiss staff on the ground of low-level personality clashes.
Fair dismissal procedure
Although the Acas Code of Practice on Disciplinary and Grievance Procedures doesn’t generally apply to SOSR dismissals, you must still follow a fair dismissal procedure. Start by investigating what’s causing the personality clash and then make reasonable attempts to resolve the conflict. This will normally involve meeting with the relevant employees, first separately and then perhaps together to enable the parties to air their views in a constructive way. If that doesn’t work, explore all alternatives to dismissal, such as (with consent) redeployment, changing working patterns, workstation locations or reporting lines or undertaking mediation with a trained mediator. Dismissal should be the absolute last resort.
Pro advice. Disciplinary action may be appropriate if there’s been bullying or harassment.
Pro advice. Formally consult with the employee first (see Follow up ) before taking a dismissal decision. Confirm dismissal in writing and provide an opportunity to appeal (see Follow up ). If the employee appeals, arrange an appeal meeting (see Follow up ) and then let them know the outcome (see Follow up ).
Notification of potential dismissal meeting (SOSR or statutory bar)
Confirmation of dismissal for some other substantial reason
Notice of SOSR or statutory bar appeal meeting
Letter following SOSR or statutory bar appeal meeting
Create your profile to unlock this advice and many more.