Can a conflict with a colleague lead to dismissal?

A conflict between colleagues does not automatically lead to dismissal. In exceptional cases, however, cooperation may break down so seriously and permanently that continuation can no longer reasonably be expected.

A conflict between colleagues is not automatically a ground for dismissal

The statutory ground of a “disrupted employment relationship” usually concerns the relationship between employer and employee. A problem between colleagues must therefore first be addressed as a cooperation issue.

Only where the disruption has a structural impact on the work and serious efforts fail to restore the relationship may it, in exceptional circumstances, also make the employment relationship with the employer untenable.

Main ruleThe employer must first make serious efforts to restore cooperation and investigate alternatives.

Discussion about a conflict between colleagues

When can the conflict nevertheless lead to dismissal?

The court examines the full course of events. It is not a single argument, but the duration, impact, attempts at restoration and available alternatives that determine whether dismissal may be considered.

Serious and lasting

The problems must have persisted and become so profound that normal cooperation can no longer reasonably be expected.

Impact on the work

The tensions must genuinely affect the team’s functioning, service delivery, health or a safe working environment.

Serious attempts to restore cooperation

Discussions, clear working arrangements, coaching and, where necessary, mediation must have been given a genuine opportunity to succeed.

No suitable alternative solution

Alternative working arrangements, team allocation or redeployment must also be investigated where these could provide a workable solution.

Restoration arrangements and mediation within a team

What happened in the Court of Appeal case?

Following a restructuring, four secretaries were placed in one team. Disputes about the allocation, responsibility and transfer of work continued for years. Coaching did not produce a lasting solution.

One employee moved to a separate workspace, later reported sick and no longer wished to engage with the other colleagues. Mediation also failed to restore cooperation.

Read about a disrupted employment relationship

How the conflict became entrenched step by step

Cooperation problemsFollowing the restructuring, recurring conflicts arose about the allocation and transfer of work.
CoachingSeveral guidance programmes failed to produce lasting improvement.
Sickness absence and mediationTensions increased and mediation did not produce a joint solution.
Application for terminationThe court ultimately assessed whether further cooperation could reasonably be expected.

What does this case mean for your situation?

The Court of Appeal held that, in these exceptional circumstances, there was a serious and lasting disruption. The long-running problems, the unhealthy working atmosphere, failed guidance and mediation, and the absence of a workable team solution carried significant combined weight.

The case does not establish a general rule that the “most difficult” colleague may be dismissed. The employer must act carefully and demonstrate why restoration or another solution is no longer possible.

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