It’s a term that mightn’t be familiar; however, the act may be more common than you realise. Essentially, insubordination is insolent behaviour that undermines a superior’s authority in the workplace.
Our guide looks at its definition, the distinction with serious insubordination, and what steps can be taken to manage insubordination in the workplace.
How do you define insubordination at work?
Insubordination is when an employee wilfully refuses to follow lawful and reasonable instructions given by their employer.
Behaviour is generally deemed as insubordinate when the following three elements are satisfied:
Authority: A manager or supervisor gives an order
Knowledge: The employee understood the request
Intent: There is a clear refusal to comply
What is insubordination in the workplace?
An insubordinate act comes in many forms and could be verbal, non-verbal, or behavioural. For example:
Direct refusal: An employee telling a manger, or figure of authority, that they will not complete a task that’s within their remit.
Disregarding Health & Safety: Deliberately breaching Health & Safety protocols.
Disrespectful conduct: Using profane language, ridiculing management decisions, or dismissive gestures.
Public defiance: Challenging a manager in front of a colleague or taking to social media to mock them.
How to address insubordination at work
It is essential that employers follow a fair and transparent process with a view to resolve the issue efficiently. Here’s an overview of key steps to follow:
Investigate the insubordination
An investigation into the insubordination should be conducted to gather relevant evidence, including witness statements if necessary. Suspension with full pay is an option, but this should be a last resort and reserved for serious cases.
Follow disciplinary procedures
Disciplinary procedures must align with internal company policies and the Acas Code of Practice on Disciplinary Procedures, including notifying the employee in writing about the alleged subordination.
Carry out a disciplinary meeting
The employee should have an opportunity to respond to allegations. They also have a right to be accompanied by colleague or trade union representative during the meeting.
Assess the severity
Establish whether the insubordination is misconduct or gross misconduct. Serious insubordination may be seen as gross misconduct and trigger a dismissal. It’s key that a dismissal should only happen if a fair disciplinary process has been adhered to.
Is subordination gross misconduct?
Depending on the severity of the act, serious insubordination could be categorised as gross misconduct. For this to be the case, trust and confidence between the employer and employee must become untenable.
Whether an act is gross misconduct will be shaped by the circumstances and what’s outlined in the company policy.
What is serious insubordination?
Should the behaviour be so extreme it breaks the employment contract and warrant a dismissal without notice, then the act will be seen as serious insubordination.
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Employers should clearly outline in their staff handbook what constitutes serious insubordination and must ensure that a fair process is followed before dismissal.
Reach an outcome
Following an assessment of the facts, along with the employee’s responses, a decision should be made. This might be an informal chat, something more formal, or if serious insubordination has occurred, then a dismissal may be warranted.
Communicate the decision
The outcome should be given in writing to the employee. It should include clear reasoning and if necessary, consequences and improvements. If the employee is to be dismissed, they should be made aware of notice periods and their right to appeal.
FAQs: What is insubordination?
Can employers send employees home for insubordination?
If the behaviour is particularly serious or breaches Health & Safety, then an employer may send an employee home.
Is it insubordination if an employee disagrees with an employer?
Employees expressing a different opinion with employers will not be committing insubordinance.
Is insubordination considered misconduct or gross misconduct?
Serious insubordination may be classified as gross misconduct. Lesser acts are likely to be viewed as misconduct.
Can employers dismiss someone on the spot for serious insubordination?
A complete and transparent investigation must be followed, as well as a disciplinary hearing that complies with UK law.
How do employers prove that an employee was being insubordinate?
Detailed documentation containing what instructions were given, when they were received, and the nature of the refusal is essential in proving insubordination.
Final say: What is insubordination?
Insubordination in the workplace isn’t just a problem for you; it’s an issue that threatens your company’s reputation.
Sometimes, insubordination can be so severe that it’s classified as gross misconduct. It’s critical that what constitutes serious insubordination is outlined in a company policy.
Equally, if and when insubordination occurs, it’s key to have the appropriate measures in place to handle the situation effectively.
Is insubordination a problem at your business?
Unfortunately, insubordination is a reality for business owners. It creates an uncomfortable atmosphere for the entire workforce.
Knowing how to deal with an insubordinate employee is stressful. But Peninsula’s expertise is available to help you resolve these matters.
In fact, when you partner with us, you get 24/7 access to our in-house HR experts. You’ll also get unlimited documentation support and the latest HR soft software.
Want to learn more? Contact us today.
