Managing Difficult Employees in Malta
Managing persistent or disruptive behaviour can be one of the most difficult responsibilities faced by an employer. If concerns are ignored, they may affect morale, productivity and working relationships across the organisation. A prompt, fair and well-documented response can often prevent the situation from escalating.
1. Define the problem clearly
Avoid broad labels such as “difficult” or “negative”. Identify the specific behaviour causing concern, when it occurred, who observed it and how it affected the workplace. Separate facts from assumptions and consider whether the issue involves conduct, performance, communication or a breakdown in working relationships.
2. Consider the underlying cause
Behaviour that appears uncooperative may have several possible causes. The employee may not understand what is expected, may lack the necessary support or training, or may be experiencing a health or personal difficulty. Employers should listen to the employee’s explanation before deciding what response is appropriate.
3. Address concerns early
Minor concerns are often best raised promptly through a private and respectful conversation. Explain the behaviour observed, the standard expected and the improvement required. Give the employee an opportunity to respond and agree on clear next steps. Allowing the matter to continue without intervention can make it harder to resolve later.
4. Keep objective records
Document relevant incidents, meetings, explanations and agreed actions. Records should be factual, proportionate and limited to information relevant to the employment issue. Good records help everyone understand what happened and provide an accurate account if formal action later becomes necessary.
5. Choose the right procedure
Poor performance, misconduct, interpersonal conflict and a workplace grievance may require different responses. Before starting a formal process, review the employee’s contract, the organisation’s policies and the circumstances of the case. Apply procedures consistently and give the employee a fair opportunity to understand and answer the concerns raised.
6. Use a proportionate response
The employer’s response should reflect the seriousness of the conduct and the surrounding circumstances. An informal discussion, mediation, additional support, performance management or a disciplinary process may each be appropriate in different situations. Avoid reaching a conclusion before the relevant facts have been gathered.
7. Follow up
Set a reasonable review date and explain how improvement will be assessed. Recognise progress where it occurs. If the behaviour continues, decide the next step using the same fair and documented approach.
When to obtain employment-law advice
Advice should be considered before taking formal action where the allegations are serious, the facts are disputed, dismissal may be contemplated, or the matter involves health, discrimination, harassment, whistleblowing or another protected issue.
About this resource
This topic was originally presented as a Ten Yards Legal webinar on 6 October 2022. The page has since been updated as a practical resource for employers in Malta.
Need advice about a difficult workplace situation?
Ten Yards Legal advises Malta employers on employee relations, disciplinary procedures and workplace disputes. Contact our employment-law team before taking formal action.