Misconduct
Difficult employee situation
Ignoring subtle issues usually means they surface later as bigger problems.
You can't quite put your finger on it. There's no drama, but something's off. This guide helps you work out what's actually going on and what to do.
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★★★★★ 5.0 on Google reviews · FCIPD Chartered Fellow
Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed August 2026
Something feels off. You can't quite pin it down.
You can't quite put your finger on it. The work's getting done (mostly). There's no big drama. But something's off.
Maybe it's the attitude. Maybe it's how they're treating others. Maybe you've heard something through the grapevine.
You're not sure if you're overreacting. You don't have concrete evidence. But your gut is telling you something isn't right. And you keep coming back to it.
Typical situations supported
If any of these sound familiar, you're in the right place.
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What's usually going on
These situations often involve:
Subtle behaviours that are hard to pin down but have a real impact on the team
Attitude issues that affect morale without being overtly disciplinary in nature
Passive-aggressive behaviour, undermining, or resistance to direction
Someone who is technically competent but increasingly difficult to work with
Gossip, negativity, or a pattern of low-level disruption
The challenge is that it's hard to address something you can't clearly define, and you don't want to act unfairly or make accusations without evidence. But the risk of doing nothing is that the behaviour continues, becomes embedded, and eventually forces a more serious intervention.
What's at stake
What happens if you don't address it
Difficult employee behaviour left unmanaged rarely improves on its own. The typical pattern:
- The behaviour continues and may escalate once it's clear there are no consequences
- Other team members notice it's not being addressed, which affects your authority and their morale
- Good people start considering whether they want to stay
- You lose confidence in your ability to manage the situation, making it harder each week to address it
Gut instinct often picks up on something real. Not addressing it doesn't make it go away, it usually means it surfaces later in a bigger, more formal, and more expensive way.
Left unaddressed, these situations get worse. Team morale drops, your authority is questioned, and what started as a conversation becomes a formal process.
How Magenta HR helps
In a single session, Samantha assesses the situation and gives you a clear plan:
Assessment of whether this is a performance issue, a conduct issue or a relationship issue. Each needs a different approach.
Advice on whether an informal conversation or a more structured process is appropriate
Guidance on how to have the conversation, what to say, how to document it, what to avoid
A clear view of the legal risk and how to manage it
Written summary of what to do next within 48 hours
You deal directly with Samantha Newton FCIPD. Someone with 25 years of experience helping business owners navigate exactly these kinds of situations: the ones that are hard to name but impossible to ignore.
The Magenta Method
From problem to sorted, in four clear steps
A clear, four-step approach so you always know where you stand and what happens next.
Understand
We get a clear, honest picture of what's really going on, beneath the surface.
Assess the risk
Your legal exposure and commercial impact, explained in plain English.
Plan the right path
Realistic options and the correct steps, in order, written up within 48 hours.
Resolve & protect
Support through it, then keep you protected so the next issue is caught early.
Real situation · anonymised
Team conflict
Resolved without it becoming formal
Two key people couldn't be in the same room.
Situation
A breakdown between two senior team members was affecting delivery, dragging other employees in, and starting to affect clients. The owner had tried to manage it informally and it had got worse.
What changed
Structured conversations with both parties separately, then together. Clear expectations set. A practical way of working together professionally, regardless of personal tensions.
Outcome
Both stayed. Delivery stabilised. The wider team stopped taking sides. The owner got his focus back.
Director, financial services
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Common questions
Can I start a disciplinary process if the behaviour is subtle and hard to document?+
Formal disciplinary action requires you to be able to set out the specific conduct clearly and evidence its impact. If you can't do that yet, the right first step is usually a structured informal conversation, with careful documentation going forward. Samantha can advise on how to build the right foundation.
What if the employee says the problem is with management, not them?+
This is common. It doesn't change your responsibility to address conduct that's affecting the team, but it does mean the process needs to be handled carefully. Get advice before the conversation goes further.
Is this a disciplinary matter or a performance matter?+
It depends on whether the issue is about behaviour and attitude (conduct) or about the quality of work (performance/capability). The distinction affects which process you follow. In practice, these situations often overlap, which is why it's worth getting clarity before you start.
Should I put anything in writing before having the conversation?+
For an informal conversation, not necessarily. But you should document the conversation afterwards, what was discussed, what was agreed, and any timescales. That record matters if things escalate.
Ready to sort this out
Get a clear, honest read on your situation
Start with the free Situation Check to understand exactly what you're dealing with, or book a free consultation and talk it through with Samantha directly.
Not ready to book? Just tell me what's going on and I'll come back to you.
You deal directly with Samantha, no call centre, no junior, and if you can handle it yourself, she'll tell you. Getting it wrong can run to five figures; a focused session starts from £495 + VAT, with a written plan in 48 hours.
Free and no obligation · Usually a reply within the hour · Referred by accountants and solicitors.
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You might also be dealing with
These situations often come up alongside each other.