Employee Behaviour: Conduct or Welfare?

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When an employee’s behaviour changes at work, it can be difficult for an employer to know how to respond.

They may become withdrawn, stop communicating properly, appear irritable, seem disengaged or behave differently with colleagues and managers.

The key question is often:

Is this an employee conduct issue, or is there an underlying welfare concern?

For small employers especially, getting the first conversation right can prevent a relatively minor issue from developing into a much bigger HR problem.

Signs an Employee’s Behaviour Has Changed

Changes in behaviour can show themselves in different ways.

You may notice that an employee:

  • becomes unusually quiet or withdrawn;
  • stops engaging with colleagues;
  • communicates abruptly or dismissively;
  • appears frustrated or irritable;
  • has a noticeable change in performance;
  • becomes less reliable or engaged; or
  • behaves very differently from their usual manner.

There may be a perfectly understandable reason behind the change.

Equally, the behaviour may need to be addressed.

The important point is not to make assumptions.

Start With an Informal Welfare Meeting

Before moving straight into a disciplinary process, it is usually sensible to have an informal welfare conversation.

Explain what you have noticed and give the employee an opportunity to respond.

For example:

“We’ve noticed that you seem quite withdrawn recently and that communication with colleagues has sometimes been difficult. I wanted to check whether everything is okay and whether there is anything we can support you with.”

The employee may explain that they are dealing with personal difficulties, health concerns or problems at work.

They may also say that nothing is wrong.

Either way, you have opened the conversation and given them an opportunity to raise anything that may be affecting them.

Welfare Concerns Do Not Mean Ignoring Poor Behaviour

Supporting an employee does not mean an employer has to accept inappropriate behaviour indefinitely.

Nobody is expected to be cheerful every day.

However, employees are still expected to communicate appropriately with colleagues, managers and customers and to behave professionally at work.

If the employee explains that they are experiencing difficulties, consider what support may be appropriate.

At the same time, it is reasonable to explain the standards of behaviour and communication expected going forward.

This is where good HR management requires a balance between employee welfare and workplace standards.

Keep a Record of the Conversation

Even if the meeting is informal, make a short written note.

Record:

  • the concerns discussed;
  • the employee’s explanation;
  • any support requested;
  • any adjustments offered;
  • expectations agreed; and
  • when the situation will be reviewed.

Good record keeping can be extremely important if the concerns continue and a more formal process is required later.

Consider Whether Additional Support Is Needed

Depending on the circumstances, an employer may need to consider further support.

This could include:

  • temporary changes to duties or working arrangements;
  • a stress risk assessment;
  • Occupational Health advice;
  • signposting to an Employee Assistance Programme;
  • reasonable adjustments; or
  • a follow-up welfare meeting.

If the employee has a physical or mental health condition, you should also consider whether they may be protected under the Equality Act 2010.

This does not necessarily prevent you from managing conduct or performance concerns, but it may mean that reasonable adjustments need to be considered.

https://www.acas.org.uk/supporting-mental-health-workplace/managing-your-employees-mental-health-at-work?

When Does It Become a Conduct Issue?

If there is no underlying explanation, or the employee’s behaviour continues despite support and clear expectations, the matter may need to move into a conduct process.

For example, repeated refusal to communicate appropriately, unreasonable behaviour towards colleagues or persistent failure to follow reasonable management instructions may become a disciplinary matter.

Disciplinary and Grievance Procedures | JT HRConsultancy

The important thing is to distinguish between:

“This employee is having a difficult time.”

and

“This behaviour is affecting the workplace and needs to change.”

Sometimes both can be true.

Don’t Let Employee Behaviour Problems Drift

One of the biggest mistakes employers make is allowing difficult behaviour to continue because they are unsure how to address it.

What begins as occasional poor communication can gradually become accepted behaviour.

Months later, the employer may feel they can no longer tolerate it but struggle to explain why action was not taken sooner.

Early, informal intervention is usually much easier.

A respectful welfare conversation allows you to understand what is happening while also setting clear expectations for the future.

Need HR Advice About an Employee Behaviour Issue?

If an employee’s behaviour has changed and you are unsure whether you are dealing with a welfare, conduct, capability or performance issue, getting HR advice early can help you choose the correct approach.

JT HRConsultancy provides practical HR support to small and medium-sized businesses, helping employers deal with difficult employee situations fairly, appropriately and with confidence.

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