Company policies tell employees what is expected on conduct, attendance, performance, health and safety and day-to-day procedures. Most of the time, people follow them without a second thought. So what should you do when an employee repeatedly refuses to?
For a small business owner, this is an uncomfortable situation. Ignoring it can unsettle the rest of the team and make it harder to enforce the rules with anyone else. Reacting too quickly can lead to an unfair process and the risk of a tribunal claim. This is where HR management consultancy earns its keep.
Why employees refuse to follow policies
There is rarely one simple reason. An employee might misunderstand a policy, disagree with it, believe it does not apply to them or deliberately choose not to follow it. The first step is to find out which, rather than treating every case as misconduct straight away.
Check the policy is clear
Before taking action, make sure the employee has actually received the policy and understands what it requires. The policy also needs to be reasonable, applied consistently and appropriate for the business.
Take a common example: an employee keeps texting their manager rather than phoning in sick, as the absence procedure requires. Before treating this as refusal, check whether the procedure was explained at induction, whether it is written down somewhere they can find it, and whether other staff are allowed to text without consequence.
Understand the circumstances
Sometimes there is something behind the behaviour, such as a health issue, a caring responsibility, a conflict with a colleague or a gap in training. A private conversation can usually tell you whether you are dealing with a misunderstanding or a deliberate refusal.
That does not mean unacceptable behaviour should be excused. It means you have the facts before deciding what to do.
What to do when an employee will not comply
Start with a clear, informal conversation
For a first or minor issue, an informal chat often resolves things. Explain the policy, set out your concern and be clear about what needs to change. Keep a brief note of what was discussed and agreed. If the problem continues, that note helps establish a fair timeline.
Follow a fair disciplinary process
If an employee knowingly and repeatedly refuses to follow a reasonable policy, it can become a disciplinary matter. You need to follow your own disciplinary procedure and the Acas Code of Practice on disciplinary and grievance procedures. In practice, that means:
- investigating the facts before deciding anything
- telling the employee in writing what the concern is and inviting them to a meeting
- allowing them to be accompanied by a colleague or trade union representative
- confirming the outcome in writing
- giving them the right to appeal.
Employment tribunals take the Acas Code into account. If an employer unreasonably fails to follow it, any compensation awarded can be increased by up to 25%.
How an HR consultancy helps
Many small businesses have no in-house HR team, so the owner or a manager ends up handling these situations alone. Professional support makes them far easier to manage.
Reviewing your policies
An HR adviser can review your existing policies and handbook, spot gaps, unclear wording or outdated procedures, and suggest improvements. Clear policies make enforcement fairer and simpler.
Preparing for meetings
If a matter reaches a formal stage, an adviser can talk you through the process, help you prepare questions and make sure your letters and notes are appropriate.
Keeping things consistent
Treating similar situations differently is one of the quickest ways to create resentment and weaken your position. Guidance from an adviser helps you apply the same standards to everyone.
Staying on top of employment law
Employment law changes regularly. Having qualified advice in line with UK law and Acas guidance reduces the risk of a costly mistake.
Get practical HR support from HR Helpdesk
HR Helpdesk, powered by HR Circle, provides on-demand HR support for UK small businesses, with direct access to qualified HR professionals. Our services include employment contract reviews, HR advice, ready-to-use contracts and employee handbook templates, disciplinary and grievance guidance, performance management support and employment law updates.
You also get phone, email and callback support, a named HR adviser and focused Power Hour sessions for specific people issues. If an employee is refusing to follow your policies, get in touch and we will help you work out the right next step.
