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Is There A Rooney In Your Office?

25/10/2010

As most of you will be aware, all may not be well in the dressing rooms at Manchester United.

Sir Alex Ferguson recently indicated that Wayne Rooney no longer wished to play for the team – this was quickly followed by an announcement that he had signed a five year deal to stay at United. Reading between the lines it appears that this tension may be causing unrest at the Club.

If you have a disruptive influence in your team/office this can often lead to a difficult working environment - which can cause problems with other members of staff. The reason for the behaviour may be dissatisfaction with co-workers or it may be an outlet for personal problems. Whatever the reason - if it causes problems with co-workers - it could have a negative effect on business.

A 2006 Court of Appeal case established that a dismissal due to a problematic personality could be fair. The reason for the dismissal was said to be for ‘some other substantial reason’ - as the employee’s behaviour had resulted in a breakdown in the employer’s confidence in the employee and prevented the other employees from working as a team.

However, this does not automatically mean that a personality clash can lead to a fair dismissal.

If an employee has accrued over one year’s service employers need to be cautious when contemplating a dismissal. If the dismissal does not comply with the ACAS Code of Practice, or be for a fair reason, there is a risk that the employee will be successful in a claim for unfair dismissal.

Employers may wish to informally address the issue by holding a private discussion with the troublemaker in order to bring the issue out into the open. This may lead to the cause of the issue being identified and both parties can then work towards maintaining a more harmonious workforce. If a cause is not forthcoming, employers may wish to take the opportunity to explain to the employee that their behaviour is currently not acceptable.

KBL are able to offer advice when a business finds itself with a problematic employee - as not all employers can afford to retain disruptive influence, even if he is their star player!