The misconception about attitude and performance
A common misconception among both employers and employees is that someone can be dismissed simply for having a “poor attitude” even if their work performance meets required standards. However, employment law in the UK is more nuanced on this subject.
Contrary to popular belief, employers cannot dismiss an employee solely for having a poor attitude if they are completing their job correctly and meeting all performance objectives. Dismissal requires a fair and valid reason, with proper procedures followed.
When attitude becomes a fair reason for dismissal
While attitude alone may not justify dismissal, there are circumstances where behaviour linked to attitude could form grounds for fair dismissal under UK employment law:
Not being able to do your job properly
If an employee’s attitude directly impacts their ability to perform their role effectively, this may constitute grounds for dismissal. For example, if an employee:
- Cannot get along with colleagues to the extent that it disrupts team functioning
- Refuses to adapt to important changes in the workplace, such as new systems or procedures
However, before taking action, employers must:
- Follow proper disciplinary procedures
- Provide formal warnings about the unsatisfactory aspects of behaviour
- Give reasonable opportunity for improvement, potentially including appropriate training
Gross misconduct
In severe cases where an employee’s attitude manifests as seriously inappropriate behaviour, it may justify summary dismissal (dismissal without notice). Examples might include:
- Being violent towards colleagues, customers or property
- Serious insubordination
- Behaviour that fundamentally undermines the employment relationship
Even in these situations, employers should always investigate the circumstances thoroughly before making a dismissal decision.
A ‘substantial reason’
This catch-all category may apply where an employee’s attitude creates a situation that makes continued employment untenable. However, the burden would be on the employer to prove this was indeed a substantial reason justifying dismissal.
Protecting yourself as an employer
If you’re considering dismissal related to an employee’s attitude, you should:
- Document specific instances where the attitude has impacted work performance or workplace relationships
- Follow your company’s disciplinary procedure carefully
- Provide clear feedback and give the employee opportunity to improve
- Consider whether reasonable adjustments may be needed (particularly if health issues may be contributing to the behaviour)
- Seek professional advice before taking action
When to seek professional guidance
Employment law is complex, and making a mistake in the dismissal process can lead to claims of unfair dismissal. If you’re unsure whether you have grounds to dismiss an employee based on attitude concerns, we strongly recommend:
- Reading the official government guidance on fair dismissal
- Consulting with ACAS (the Advisory, Conciliation and Arbitration Service)
- Seeking advice from an employment law specialist
How we can help
As your payroll partner, while we cannot provide legal advice on dismissal cases, we can:
- Help you understand the financial implications of different termination scenarios
- Ensure final payments are calculated correctly
- Process any termination payments in accordance with current tax legislation
- Provide the necessary documentation for both employer and employee
Navigating attitude issues in the workplace requires careful consideration of both performance standards and legal requirements. By ensuring you understand the grounds for fair dismissal, you can manage difficult situations appropriately while protecting your business from potential claims. If you need assistance with the payroll aspects of employee terminations, please contact us at enquiries@payrollhub.co.uk.