Insubordination and how to deal with it

Insubordination can take many forms but typically means an employee has refused to cooperate with instructions from their manager or to fulfil their role as outlined in their contract.

From sniping at coworkers to maintaining a negative attitude, turning up late repeatedly, and otherwise undermining leaders, insubordination can have a highly detrimental effect on the entire workforce, even when coming from only one employee. It’s essential that HR professionals and management understand how to deal with insubordination in a manner that complies with the law.

Learn what is classed as insubordination, and how to deal with it in the workplace, with top tips from BambooHR.

What is insubordination?

Insubordination is the act of wilfully ignoring, disobeying, or refusing to follow direction from an authority figure or group. It is a term more commonly used within the military, but one that is also applicable to the workplace, where it involves an employee refusing to follow directions from their manager, another superior or from the organisation as a whole.

Insubordination is a type of misconduct that can have far-reaching effects within a company. It can damage the overall functioning of the organisation, undermine an authority figure’s credibility, or damage morale and productivity. Insubordination is considered a serious offence and is often grounds for disciplinary action.

What are examples of insubordination?

Specific examples of insubordination will differ depending on the organisation where they happen, and on the individuals involved. However, we’ve put together some common examples of behaviours and actions that could be classed as insubordination:

• Refusing to follow a direct order that comes from an authority figure: For example, when an employee refuses to complete a task their manager has assigned them without a good reason.
• Disobeying company policies or violating procedures: When an employee ignores conditions of employment or established procedures or policies, especially when they have been given specific instructions to follow them. For example, if the employee posts disparaging comments about the business on social media and this behaviour is prohibited in the employee handbook.
• Sabotaging work or intentionally hindering productivity: Insubordination can also involve actively disrupting work or hindering productivity, such as purposely causing problems or actively slowing down progress.

It’s important to distinguish insubordination from other problematic behaviours like repeated absenteeism or harassment. However, insubordination often happens in tandem with other forms of misconduct.

• Challenging or disrespecting authority: Insubordination often accompanies or follows disrespectful or confrontational behaviour towards people in leadership positions, such as arguing with them (as opposed to communicating disagreement respectfully and productively).
• Undermining authority or purposefully disrupting team dynamics: An insubordinate employee might also engage in behaviour designed to undermine the authority of their supervisor or the organisation, such as gossiping, spreading rumours, or encouraging others to defy direct instructions. This behaviour can impact other team members and disrupt productivity across the team.

What is considered insubordination in the workplace?

According to SHRM, insubordination in the workplace requires the following three factors to occur:

1. An employer makes a lawful and reasonable request of an individual employee or employees as a whole.
2. The employee  receives  the order.
3. The employee refuses to accept, follow, or carry out the order.

The direction can be verbal, written, or defined as part of an employee’s job description. It can be passed down from a supervisor to their direct reports, from the business owner or from another authority figure. The employee’s receipt of the direction does not require a formal acknowledgement; it can be as informal as being present in a meeting or reading an email containing the instruction.

The key differentiator between insubordination and other types of misconduct is the employee’s wilful intent to defy an order. They can do this by saying they will not complete the order, ignoring the order (known as nonverbal refusal), or taking an unreasonable amount of time to complete the order.

It is  not  insubordination if the employee misunderstands instructions, doesn’t receive the direction, or is otherwise unable to complete a task because of a misunderstanding or obstruction. Additionally, if an employee refuses to carry out an action that is illegal, unethical, or unsafe, it is not considered insubordination.

What are grounds for insubordination?

The specific grounds for insubordination can vary depending on the unique circumstances and the policies and procedures of an organisation. As described above, insubordination requires a clearly communicated order from the employer and an employee’s wilful actions to undermine or refuse to follow the order.

The grounds of insubordination for dismissal typically require an egregious act of insubordination or repeated acts that have been documented and culminate in eventual termination. Ensuring each employee is clear about policies and procedures can help protect HR and management should the need for dismissal due to insubordination arise. An employee handbook or clear onboarding process with written guidelines, for example, can help ensure the employee is aware of the consequences of their actions.

How to deal with insubordination

Dealing with cases of insubordination in the workplace can be a delicate process, particularly with employees who refuse to acknowledge their own actions as insubordination. Following a prescribed procedure can help ensure that any disciplinary action (including dismissal) is implemented fairly.

While your company policy will detail specific procedures, the following steps are a good way to start informally and tackling incidents of insubordination in the workplace fairly:

• Start by addressing the employee privately
• Keep calm and be prepared to listen to their point of view
• Agree together on what improvements need to be made and by when
• If there’s a performance issue, set up a training and development plan
• Provide support to your employee, such as training and other resources, where applicable
• If informal measures don’t work, you might want to set up a performance improvement plan (PIP), laying out exactly what needs to change and by when
• Make it clear what will happen if the employee does not make the necessary improvements within the given timescale.

Insubordination laws in the UK

If a case of insubordination falls under the category of gross misconduct, you may need to take things further using your company’s disciplinary procedure.

• Issue a first written warning if you’re not satisfied with the employee’s explanation for their behaviour. Let them know what needs to improve and when, and that failure to make those improvements will result in a final written warning.
• Hold a second meeting after the deadline. If their behaviour or performance has not improved satisfactorily, issue a final written warning. Let them know you will consider dismissal if things don’t change by the new deadline.
• At the third meeting, if things haven’t changed, you are within your rights to take things further and in some cases dismiss the employee.

Failure to properly initiate disciplinary procedures could result in a case of unfair dismissal. The employee could take the company to an employment tribunal, which may lead to compensation and legal costs.

What is the difference between insubordination and misconduct?

Insubordination is a specific type of misconduct that involves disobedience or refusal to follow orders from a superior. Misconduct is a broader term that refers to behaviour considered inappropriate or wrong within a particular context. Misconduct can take many forms and include a wide range of behaviours, such as insubordination, theft, harassment, fraud, or violation of company policies or local and federal laws.

Preventing insubordination at work

You should now understand what counts as insubordination in the workplace, and what steps you need to take with an insubordinate employee. Where possible, start with an informal chat. In cases of gross misconduct, you may have the right to summarily dismiss the employee. However, you should still always ensure the proper procedures have been followed. BambooHR^® can help you track and monitor employee performance, creating records of the steps taken which can help protect against the possibility of accusations of unfair dismissal.