Can you get rid of someone for no real reason ?

[sevensongs]

We have 2 staff members at loggerheads bringing the whole team down. Morale is at all time low. Staff A been with us 5 years, Staff B for 9 months (passed probation at 6 months).
Both staff perform well but cannot work together, Everything has been tried to address the situation but it's hopeless.

Obviously A has employment rights but no real reason to sack B, but really it would be best if one of them left. There are no protected characteristics for either of them.

At my wits end so could I just say to B that it's not working out?

Why did you let B get through their probation if this problem had already occurred? You are now stuck with them until they decide to leave or are caught with their fingers in the petty cash tin.

That’s really not true, employees with less than two years service have very few rights.

Employees with less than 2 years can definitely be asked to go. No reason required.

Yes, you can get rid of B easily. Just say it's not working, because that's the truth.

No this isn’t correct. You could still dismiss them until they accrue 2 years service.

But the ethical thing to do would be to performance manage them both in relation to behaviours not being to the right standard - use examples of when they haven’t worked together and how it has affected performance and the wider team.

You could also look into mediation as a possible solution.

You need to follow you performance management process for staff A. Tell them what the problem is, give them chance to improve with appropriate support/training, review (repeat as appropriate) - if they still don't improve then you can go through the process of disciplinary etc

Staff B has less protection. However I would still follow the same process as above. You don't say who is causing the problem....what if you got rid of person B and employ person C and A does the same again? For that reason treat them fairly and give them both chance to improve.

You can get let B go but how do you know A isnt going to have an issue with whoever replaces B?

First of all, who is causing the problem? I understand it could be 6 of one etc but generally speaking it's usually one causing the issues

I dont get what you mean by at loggerheads. Surely if they disagree in how to approach something there is a line manger who has the final call? What type of things are you taking about and what has been done to address?

Check w HR but yes you can easily get rid of B, and it sounds like you need to.

A seems to have the most support of wider team. She is much younger than other team members (and I had planned that she would take over my role eventually) but she can be immature at times.

B much older and I don't think she likes having A allocating work to her (but that is A's role). Both complain how the other one speaks to them.

We do shift work so they overlap a lot. Can't change their shifts as that then impacts on other team members who would need to change their shifts to accommodate this. No one willing to change.

I can't micromanage them and I'm losing the will to live. I want one of them gone and if I'm honest I think A is more valuable to the business although given her age she may decide to move on anyway to a more dynamic workplace.

I'd get rid of both. No one has time for shit like this. They've both got a bad attitude if they're involving management in such petty pathetic behaviour.

You also need to set an example to the rest of the team. When morale gets dragged down and it's not dealt with effectively, you could end losing more than these two.

There is no HR. It's me checking Mumsnet for advice 😆
I have been employed as manager over 15 years and can usually sort out any niggles between staff but this is on a different level. Everyone is now affected. Sickness is up, moaning is continuous. It seems to have infected everything.

As I said, easier for me if one of them left but that looks unlikely at the moment they don't want the other to 'win'. So I have to take action - but what can I do that won't come back to bite me on the bum?

Be careful then that you don't lose A before you get rid of B. In my experience a new team member who throws off the whole team dynamic can be known to trigger a snow ball of resignations.

I think you should speak to them both and tell them to sort out their differences. If you are considering letting B go, then really you ought to tell them they need to make it work or you will let them go. At least that gives them a chance to sort it out.

A allocates work to B but B takes umbrage at a much younger person telling them what to do and is less than polite back. Am I right?

Promote A. Small pay rise, slight change in job title. With any luck B will either take offence and leave, or will increase her antagonism towards A, in which case you then have a reason to get rid of her. Win all round.

Are they currently at the same level or is A in a more senior role if it's her job to delegate to B?

It would likely still be unfair dismissal of B if you didn't follow correct procedure, the big difference is that employees with less than 2 years service don't have rights of audience at tribunal (save where protected characteristics are involved) so there's not much they can do to escalate the issue.

Understand your frustration but it does sound like there's some underlying issues with A to address. Have you actually sat B down to say directly their role is at risk due to the squabbling?

A is on a trainee management role so on enhanced pay. Part of her job is to train staff in our processes. But B says A does not answer her ad hoc queries and if she does something wrong A will point it out in a sneering way.

I have spoken to the team to get their take on what's going on and as mentioned most very supportive of A. However, B says A plays favourites and staff are only saying this as they get more favourable tasks.
I have spent hours and hours trying to sort this. They've e been spoken to individually and together, although A now refuses to meet with B as days no point as she just carries on her behaviour. B does come across more mature whereas A gets a bit more emotional but that may be a tactic in front of me (by B).

Today was dreadful, hence me asking MN for any pearls of wisdom.

@sevensongs I definitely thing performance management for A and a stern warning to B about how she's on dodgy ground.

Tell them they can either be respectful to each other and do their jobs or things will get difficult for them both and that's really not a route you want to go down.

If A can’t manage a difficult employee without getting snitty and emotional, you need to consider if she has a future in management.

Get rid of B. She’s not happy, you’re not happy. Draw a line under it and move on.

Any kind of mediation possible with a third party who isn’t you? They don’t need to like each other but they do need to be professional. If that’s just not possible, yes, technically, it’s easier to get rid of B as she has less than 2 years service, but you still need to be seen to follow a fair process. Do you actually have a real reason apart from this, to get rid of B? (And is B aware of her more risky position vis-a-vis her length of service?) Good luck op, it’s such a time consuming thing when colleagues behave like work is a school playground!

Yes you can pretty much get rid of B. The risk is low. I would recommend you follow a process though because its better for the morale of all of your staff if you stick to policies.

There is no special legal protection that comes with probation ending.

I would get someone else (other than you) to speak to the people involved because what comes across to me is that you highly favour A in this scenario, and it might be clouding your judgement.

Has this only occurred since B passed probation?