STAFF MATTERS: How to evidence toxic behaviour at work

Navigating workplace toxicity presents challenges for employers, particularly when it comes to substantiating and documenting poor employee conduct. The difficulty lies in acknowledging that toxic behaviour exists, but without concrete evidence to support claims it’s tricky to take meaningful action.

In fact, according to a WorkNest survey of 466 employers, 23 per cent revealed that they struggle to address toxic behaviour due to a lack of any clear evidence to base conversations around.

Gathering substantial evidence of toxic behaviour is complex, not least because this sort of behaviour is often hidden. Nevertheless, evidence to support your concerns is vital, as it forms the foundation for justifiable actions, ultimately mitigating potential risks.

There are several strategies that employers can adopt to substantiate claims of toxicity so that they are equipped to address these issues head-on, resulting in a healthier and more productive workplace.

• Direct observation is a valuable form of evidence. It provides first-hand accounts of the toxic behaviour and its impact on the work environment.
• Employee comments, whether casual remarks or more direct interactions, can shed light on toxic behaviour and contribute to the overall evidence.
• Regular employee feedback surveys allow anonymous expression of experiences and can unveil patterns or specific incidents related to toxic behaviour.
• Notes from various recorded meetings (such as investigations, grievances or disciplinary proceedings) can serve as evidence, and may capture instances where toxic behaviour was discussed or reported.
• Properly documenting absences is essential, as frequent or prolonged absences can indicate toxic behaviour and tracking can help identify patterns or consistent issues.
• Tangible and measurable evidence can be found in instances where toxic individuals consistently fail to meet deadlines or hinder the progress of others.
• Exit interviews offer candid insights from departing employees on their experiences and observations. While it’s important to consider potential biases, if multiple employees identify similar toxic behaviours or patterns, it strengthens the evidence of toxic behaviour in the workplace.
• HR cafés or open sessions with a HR representative are a relatively new approach to gauging insight on staff morale and uncovering any underlying issues. They encourage open discussions, and enable HR to take informal measures to tackle issues, signpost employees to useful resources and escalate concerns to leadership. Unlike surveys, they offer person-to-person engagement for in-depth discussions.

Again, it’s important to recognise that toxic behaviour is often covert and isn’t always visible to those in authority. Therefore, evidence may not always be apparent on the surface. For this reason, you may need to rely on a combination of evidence. When it comes to potential employee misconduct, mishandling the situation can be costly, and doing nothing can be even worse. If in doubt, always seek advice from employment law and HR experts.

Andrew Moore is a senior HR consultant at WorkNest.

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