Insubordination at Work

09 July 2019

When running a business, simple tasks will be asked of your employees daily. Most of the time, they'll be carried out with no drama. But in the unlikely event they're not, it might be considered insubordination. 

You must manage this employee insubordination correctly, as it can have negative effects on your business. For example, it could cause an increase in toxic company culture and workplace conflicts.

In this guide, we'll discuss different examples of insubordination, how it can affect your company, and how to manage it if it happens.

What is workplace insubordination?

Insubordination at work is when an employee purposefully decides to disobey a figure of authority. This can be done in a way where a member of staff acts disrespectfully towards their employer, superiors, or the business as a whole.

Examples of employee insubordination

Ensure you understand when when poor employee behaviour becomes insubordination. Below are some examples of what constitutes insubordination in the workplace:

  • An employee refuses to carry out certain tasks.
  • An employee refuses to carry out a reasonable request.
  • An employee acknowledges instructions but chooses not to listen.
  • An employee acts disrespectfully towards superiors, either by verbal or physical gestures.
  • An employee starts to disobey direct orders from someone in authority.
  • An employee shows a general negative attitude to authority, such as foul language.

What is serious insubordination?

Serious, or gross insubordination is when an employee's insubordination is so serious it breaches the implied duty of trust and confidence.

If this is the case in your business, then you should start disciplinary proceedings against them. But you must ensure that these are done fairly and lawfully. 

Examples of serious workplace insubordination

You need to be able to spot the signs that serious insubordination is taking place in the workplace. For example, it can occur in the following ways:

  • An employee openly mocks business or management decisions, such as eye-rolling.
  • An employee uses abusive language or threatening behaviour to their employer or superiors.
  • An employee uses social media to criticise the company or their superiors.

One way to avoid this from happening in your company is to outline insubordination as behaviour to avoid within your employee handbook. Include examples so staff know for sure what you will and won't tolerate. 

What isn't considered insubordination in the workplace?

Certain behaviors don't constitute insubordination. You need to become familiar with them as you don’t want to be punishing employees incorrectly. 

The following behaviours aren't considered to be workplace insubordination:

  • An employee underperforming in their role or any type of performance issue.
  • Any disagreements or workplace conflicts between employees.
  • An employee refusing to complete a task that's illegal or against company policy.
  • An employee refusing to complete unsafe work.

How can insubordination affect your company?

Insubordinate behaviour can have many effects on your business and is a serious matter. You must understand how severe this type of behaviour is. It doesn't just affect the day-to-day, but might also have drawbacks for other team members.

For example, it could:

How to prevent insubordination in the workplace

You should do everything you can to avoid insubordinate behaviour from taking place in the workplace. Below are tips you can follow to prevent it occurring.

Let's discuss them in more detail:

Act quickly after acts of insubordination

To prevent insubordination in your business, you must ensure you act quickly. If you're made aware of any behaviours that constitute employee insubordination, make sure you speak with those involved as soon as possible. This will give you a better understanding of the behaviour that occurred and its severity. 

Failure to do so can lead to more employees believing these actions are acceptable. As a result, it could become an unmanageable company-wide problem.

Communicate with your employees about what insubordination is

Be sure to define insubordination to your employees, once they understand the severity, they'll be more likely to refrain from it. This can be done via internal communication, such as a company-wide email or your workplace intranet.

A good way to start this is to develop clear company policies on insubordination in your company. Included in the company policy should be:

  • Examples of insubordination.
  • A reminder that this behaviour can have serious consequences.
  • Who to report insubordination to.

Make sure the policy you create is stored within the employee handbook, with all new staff members reading it before the start of their employment.

How to manage an insubordinate employee

Insubordinate behavior may manifest itself over time, beginning with smaller acts that become bigger and more troublesome. If this is the case, you should take an informal approach to begin with.

Speak with the employee to try to understand their behaviour from the employee's point of view. There may be a reason behind their actions in the workplace.

An informal chat between the employee and their line manager should be sufficient, but if it isn't - then more serious disciplinary actions may be required. Ensure the employee is aware that if their behaviour doesn't improve, then more serious action will be taken.

Disciplinary outcomes for employee insubordination

It’s vital you know what disciplinary action you can hand out for insubordinate behaviour.

There are several actions you can take to manage the situation if it arises. Let's discuss them in more detail:

Verbal warning

The first step you would take is to give the employee an informal warning. This should be used when their actions are only minor.

However, you still need to make a record of the warning in writing. This is to protect yourself if claims are raised in the future.

First written warning

Following on from a verbal warning, you may choose to hand the employee a first written warning. Especially if their actions fail to improve.

Included in the warning should be specific goals and timeframes for improvements. As well as making clear the further consequences if there's no improvement.

Final written warning

If following the first written warning being given, and there's no improvement within a required timeframe - a final written warning may be given.

This warning should reiterate the improvements that are required within a specific timeframe, and what will happen if they fail to do so - for example dismissal. Again, you should make a physical record of the warning given to act as proof if required.

Is insubordination gross misconduct?

Yes it can be, there may be times when an employee's insubordination can lead to a breach of the implied duty of trust and confidence. This would ultimately qualify as gross misconduct.

Gross misconduct applies only to cases of very bad behaviour – in which no reasonable employer could be expected to continue the working relationship. For example, if an employee is verbally and physically rude, or becomes aggressive and threatening towards you.

However, you should never assume that all acts of insubordination equate to gross misconduct.

Can you dismiss an employee for insubordination?

Yes, an employee's insubordination may justify summary dismissal. But if this is the case then you should follow a fair disciplinary procedure. This includes giving the employee a chance to respond before you end their employment. Not doing so may lead to unfair dismissal claims being raised against you.

If you choose summary dismissal as an option for an employee, they must be notified in writing. This should explain your reasons for dismissal, their notice period, and the date their employment ends.

You must have clear guidelines on all areas of employee conduct within your company handbook and employment contracts.

What to include in a disciplinary letter for insubordination?

If you're taking disciplinary action on an employee due to their insubordinate behaviour, you should provide them with a disciplinary letter. The following should be included:

  • The nature of the issue, including details of the insubordinate actions.
  • The improvements required by the employee, along with a timescale.
  • The possible consequences if the actions of the insubordinate employee fail to improve.
  • How long the warnings will remain effective, with an explanation that it'll remain on their file.
  • The employee's right to appeal, including how.

Get expert advice on insubordination from Peninsula

Asking your employees to complete simple tasks is part of running a successful business. They'll more often than not be completed without question, but if an employee refuses they could be guilty of insubordination.

If this is the case, you must manage the situation correctly. Failure to do so can lead to an increase in workplace conflicts and unhappy employees.

Peninsula offers 24/7 HR advice support which is available 365 days a year. Want to find out more? Contact us on Want to find out more? Contact us on 1800 719 216 and book a free consultation with one of our HR consultants.

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