When you read that title, did someone specific come to mind?
Whether you’re in the thick of a probation you’re not sure how to end, managing someone who’s making everyone else’s life harder, or you’re three months in and quietly thinking ‘what have I done?’ – this post is for you.
Are ‘bad employees’ actually bad?
I use the phrase because people know what it means. But in twelve years of HR, genuinely bad people – people who are fundamentally difficult and beyond any reasonable management – are actually fairly rare.
What’s far more common is a wrong employee. A decent enough person in completely the wrong role, team, or environment. That distinction matters because it changes how you handle it.
A wrong employee might need a different role, clearer support, or an honest conversation about whether this is working for either of you. A genuinely bad team member, someone with a poor attitude who undermines the team or refuses to engage with feedback, usually needs to be managed out.
Knowing which one you’re dealing with is the first step. Getting it wrong wastes time, damages morale, and can expose you to legal risk if you act on the wrong assumption.
The signs something’s wrong
These aren’t always obvious at first, especially if someone interviewed well. But there are common patterns I hear about time and time again.
1. They wait to be told everything
No initiative, no proactive problem-solving. Some people need more direction than others, that’s fine. But there’s a real difference between needing clear guidance and being completely passive. If you’re constantly chasing them for updates, or tasks simply don’t happen unless explicitly prompted, that’s worth addressing.
2. The ‘yeah buts’
You give feedback. They agree, technically. But it’s always followed by a reason it wasn’t their fault, or why the circumstances made it impossible. Accountability is nowhere. Excuses are everywhere. A pattern of deflection, particularly after repeated conversations, is a serious red flag.
3. The team don’t like them
This one’s harder to pin down, but don’t ignore it. If people are going out of their way to avoid someone, if energy drops when they walk in, if the same name keeps coming up in conversations you’re not supposed to be part of, pay attention! Culture issues often show up here before they show up anywhere else. And by the time it’s obvious, the damage is often already done.
4. Great in interview, inconsistent in reality
Some people are brilliant at talking about work. Actually doing it is a different story. Or the reverse; they can do the job technically, but the way they interact with people is creating friction you didn’t see coming. This is why structured hiring processes matter (more on that in part two), but it’s also why you need to act early when there’s a gap between expectation and reality.
5. They clash with your values, even if you can’t quite say how
This is the one that keeps employers up at night. Nothing’s technically wrong. But something’s off. When this happens, go back to your company values and assess this person against them honestly. Nine times out of ten, that’s where you’ll find the answer. A values mismatch rarely improves over time and it rarely stays contained to one person.
Before you do anything: look in the mirror
I know this isn’t what everyone wants to hear. But it needs saying because it matters legally as much as it matters practically.
Most underperformance isn’t just about the employee. It’s about the environment they’ve been put in. Before you make any decisions, ask yourself honestly:
- Did you clearly explain what good looks like from day one, not three months in?
- Do they have a proper job description?
- Have you had regular one-to-ones, or just a check-in at the end of probation?
- Did you raise concerns early, or hope it would sort itself out?
- Have they had proper training, or were they expected to just figure it out?
I once started a new role and inherited someone who’d been off sick for four years. Nobody had dealt with it — not because they didn’t know it was a problem, but because they didn’t know how to handle it. The same thing happens with performance. People see it, feel uncomfortable, and wait. It never sorts itself out. The longer you leave it, the worse it gets, and the harder it becomes to manage lawfully.
If you’re coming up blank on any of those questions, that matters. It doesn’t mean you can’t take action, but you need to factor your own process into the picture before you do. My free checklist, Things to do before you fail someone’s probation, walks through exactly this. Use it before you do anything else.
Why the timing matters right now
Currently, employees need two years of service before they can bring an unfair dismissal claim. That’s changing. From early 2027, the threshold drops to six months; effectively, the end of a standard probation period.
What that means practically:
- Your probation process is about to become your most important HR tool
- If you’re not managing it properly – clear expectations, regular documented check-ins, early feedback – you’re about to lose your main safety net
- If you’ve already got someone who isn’t working out, the time to deal with it is now
And beyond the legal side: the longer you leave a problem in place, the more damage it does. Not just to that person’s performance, but to everyone around them. Your best people will go the extra mile to cover a gap. They won’t carry someone who’s dragging the team down. Eventually, they leave and then you’ve got a much bigger problem.
So you’ve got a bad employee. What now?
You’ve done the self-check. You’ve been honest about your process. You still believe this person needs to go. Here’s how it works.
Still in probation?
This is your clearest window. As long as you haven’t discriminated – which means considering any underlying health conditions, disabilities, or protected characteristics – and you’ve followed a fair process, you can end the employment by giving contractual or statutory notice, whichever is higher. It doesn’t have to be drawn out. A meeting, a clear explanation, the appropriate notice. Done. But make sure you document it, even at this stage.
Passed probation, or beyond six months once the new rules apply?
Here’s where it gets more involved. The route depends on the reason.
For conduct issues, such as attitude, behaviour, or values clashes, you’re looking at investigating the facts, a formal meeting, and progressive warnings before dismissal.
For capability or performance issues, you’ll need a performance improvement plan with clear, measurable targets, regular review meetings, and documented outcomes. The minimum to manage someone out fairly for capability is typically around four months.
Neither route is impossible. They just require documentation, consistency, and a process you’re actually following. If you’re in the middle of something and not sure of your footing, get advice before you take the next step.
Don’t wait for bad employee issues to resolve themselves
Bad employees aren’t as common as people think. Wrong employees, on the other hand, are everywhere. And the biggest factor in how things turn out is usually the process around the person, not just the person themselves.
But if you’ve genuinely got a problem, don’t wait. The law is changing, the window is closing, and delay almost never makes these situations easier.
If you want someone to look at what you’ve currently got, or you’re already dealing with something live, get in touch. A quick conversation now is almost always better than the alternative.