Posted By michael poole
I am the manager of a small office with 10 employees,we have a married couple in the same office(the only one we have)no! i hear you cry,they have worked with us for about 5 years but over the last 12 months they have been bickering to say the least and divorce has unfortunatley been mentioned between the two on more than one occasion,this is unaceptable language in the office putting off the other workers etc i have to say though they are also probably the most productive of the staff.the situation could turn violent at any moment and i would hate that to happen,what should i do?

Posted By p winter
The answer which is not an easy one - is to get rid of one of them.
We have had a similar situation and it has been a pain in the a..e. The lesson to learn is to not employ family members in the future. Our experience was slightly different the family alliance was brought to work and other employees were - I feel - intimidated and bullied. It's not so bad now - as the female is being shifted in the company.

Posted By Karen Todd
Use the disciplinary route with caution. I can just hear their, "Now look what you've done" rantings...

Would suggest a chat with each of them individually saying that they are making the work environment difficult for other employees and that they should keep their discussions about the state of their marriage and their bickering out of the office.

KT

Posted By liam.b
I would suggest have a chat with each of them individually; find out what the root of the problem is first. If it is their marriage, try to give them support advise them to see a marriage councilor as they are making the work environment difficult for themselves and other employees who work with them. It may not be a problem at home, I don't know anything about your company to comment, but every company has targets and the work load get greater and more demanding, so work related stress maybe an issue..?
So before you go down the root disciplinary route or sacking anyone find out the root of the problem first. Inform H.R of your findings then take action, but caution!
It is easier to discipline an individual than sack them. The individual or individuals will take you to a tribunal claim they were under pressure at work they were stressed because of the work load which this lead to problems with their marriage and so on. So now you may have to pay compensation for unfair dismissal and compensation for coursing stress to them both and possible breakup of the marriage and so on, your premiums
Increase. To be honest rather you than me.
As you mentioned they have worked with you for about 5 years but over the last 12 months they have been bickering to say the least and divorce has unfortunately been mentioned between the two on more than one occasion, this is unacceptable language in the office putting off the other workers.And it has taken you 12 months to address this issue; this issue should have been sorted out in the first week. It is your responsibility.

SB

Posted By Kieran J Duignan
Michael

Your account of this problem indicates that the challenge is not simply to do with the two individuals, but about a legally valid, psychologically robust and economic process for managing differences between people whom you describe as 'most productive'.

The critical option available to you to start with is an assessment, by a chartered occupational psychologist qualified as a counsellor and familiar with relevant employment and H & S law, of the psychological fitness to work of each of the two employees.

Karen is quite right to advise caution about a disciplinary route on its own; depending on the terms of the contracts of employment of these 'most productive'employees, in accordance with ERA 1996 such action on its own could result in allegations of unfair (constructive) dismissal unless you address the stress issues constructively and skilfully.

As you can appreciate, when a marriage or similar intimate relationship is at risk, it is reasonable to work on the assumpton that both parties involved are likely to be vulnerable and possibly to be suffering a psychological impairment as their difficulties are so prolonged. So, unless you have evidence to the contrary, from what you write, the employer have a statutory responsibility under the DDA as well as the HSWA to ensure that you establish all relevant facts before proceeding.

From your brief account, the BIG TASK FACING THEIR EMPLOYER is to esablish through appropriate professional advice
a. whether either of them may not be psychologically fit to work, in compliance with the DDA 2005, and
b. whether either of these employees, or any other staff, are suffering inordinate levels of stress, in compliance with the HSC Management of Health and Safety at Work etc. Regs 1999 regarding the process of risk assessment and the HSE Management Standards for Work-related Stress 2004.

If the matter were to go to an employment tribunal or county court, a competent expert witness would investigate and report to the tribunal or court on how well the employer have fulfilled the guidance set out in these documents, and to what extent, and in what detail, you have availed of the services of an independent chartered occupational psychologist in the event that your company resources proved insufficient, as they appear to from your account.

In the event that you used such an independent third party, and carried out his or her recommendations in an even-handed manner, if the matter were to result in a claim against the company he or she could then be called to support a claim that the employer had carried out their responsilibilities under the DDA and the HSWA.

Posted By steven bentham
Is this a safety question?

Posted By p winter
One of them will have to go - bite the bullet

Posted By steven bentham
Sorry Michael..

Its not a safety at work problem.

You dont need a policy or focus group, pull them in tell them to pack it in.

If it comes to blows ring the police, arrest, court, fine and sacked.

I think the previous advice that its a management problem is sound advice.

Posted By liam.b
Michael

I would suggest taking some advice from Kieran,
This is a Health & Safety matter. I would also suggest telephone HSE info line for advice
That what they are there for they will guide you step by step.
As you stated the situation could turn violent at any moment then you have a duty to sort this issue out now because if any employee’s gets hurt as a result of this, YOU will find yourself in very hot water. Because you’ve have know about this issue for the past 12 month’s and did not address it, If the police will be involved arrests will be made and question will be asked and I’m shore someone will drop you in it and now its your head on the bloke………….need I say more.

SB

Posted By Dave Wilson
What!!!!!!!! am I hearing this right,

Focus groups, quotes from legislation, ring the HSE, use a psychologist,Send for couselling, get the big bosses involved, do a Risk Ass, use a consultant, hide from managing, sack, sack after been arrested by police, try not go to end up in an IT.

No wonder Jeremy C laughs at our profession.

We all know the answer, and I suspect you do as well! Get them in and tell them to sort it out and do not bring into the workplace, simple!

Otherwise will send round Doogie and Dinsdale Phiranna!

Posted By Nick House
Is it a sign of our times that this thread has received more than 13 times the views/ hits that the "Managing Slips in Buildings" thread has, although they were originally posted at around the same time?

Posted By michael poole
I know you will be wanting an update,thanks for your advice so far,i have decided to bring in a private local councilor in for a chat,so far so good,i will update in due course.

Posted By Danny Swygart
Sensible advice from Smith. The other options advised are your back up if the initial discussion with the parties fails.

Posted By AlB
I occasionally dip into other safety forums around the world, and there is on in particular (an Australian site) that ridicules the quality of the conversations that ocasionally take place on this forum site. I think that this post (or rather some of the replies to it) is a prime example of why some professionals in other countries raise an eyebrow when they delve into the IOSH forums.

Let's get real. You can't straight off sack someone for bickering in the office. Why the hell should the company pay for counselling and all the other malarkey? What would you do if they were not married but just two individuals at the same workplace who don't like each other??

Easy - get their line manager to sit them down and tell them their behavious is not professional and is disruptive. Set them both a standard they need to buckle up to, and if that doesn't work then look at re-locating them, disciplining them, or as a last resort getting rid of them.

But for goodness sake - committees on the problem??????????

Don't waste time and money on a simple people management issue.

Posted By p winter
I refer to my previous posting - believe me been there done that - one of them has to go. Either sack one (I know that HR people are always s..t scared of doing this) or let it turn violent then sack one.

Posted By AlB
Married or not married, they are still disruptive employees. Treat them as such and not as a couple who are having problems. Don't give them treatment any differnet to what you would to any other two individuals.

Talks to them, tell them what the problem is, give them goals to achieve, and then review.

Easy.