Christopher Oyediran brought claims of racial discrimination and failure to make reasonable adjustments against Nottingham University Hospitals Trust, which employment judge M Butler dismissed. Oyediran is now liable to by the trust's legal costs (£20,000).
The tribunal heard witness statements from colleagues who described Oyediran as “lazy”. Several colleagues gave accounts that he sat on his phone during shifts, refused to do tasks they had asked him to do, disappeared for several hours during each shift and shouted at, or was rude to, colleagues.
Employers should not tolerate laziness, according to Ruth Cornish, founder of HR consultancy Amelore.
Speaking to HR magazine, she said: “Productive, profitable organisations have zero tolerance of laziness. HR should support line managers to establish clear standards of performance, and implement systems for monitoring those who are found to have been avoiding work.
“It is important to establish any reasons for such avoidance (i.e. disability and reasonable adjustments needed, or a lack of training) however the matter should be swiftly dealt with, as it may cause issues with other staff.”
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Employers should establish trust with their employees early on, explained Garin Rouch, founder of organisational development consultancy Distinction Consultancy.
Rouch told HR magazine: “Trust in the workplace relies on setting clear expectations from day one.
“When everyone understands their roles and what’s expected of them, it reduces misunderstandings and limits excuses.”
A survey of 434 UK business owners by career development platform Thrive Matters suggested that employers did not trust their employees.
The research, published yesterday (10 October), showed that 29% of employers doubted, or were unsure of, their colleagues’ competence. Nearly a fifth (18%) doubted, or were unsure of, whether they could trust what their colleagues said. Meanwhile, 16% of employers didn’t believe, or were unsure, that their colleagues had good intentions.
Employees who don’t live up to performance expectations could impact the whole team, Rouch added.
He continued: “When performance issues arise, it’s essential to address them early. Social loafing – where some team members rely on others to pick up the slack – can quickly affect team dynamics and morale.
“It’s crucial for HR and managers to step in before it becomes ingrained. However, before you label an employee as 'lazy', take the time to investigate.”
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Performance management procedures could help employers set expectations around employees’ performance, said Simon Jones, director of HR consultancy Ariadne Associates.
Speaking to HR magazine, Jones said: “In most circumstances, employers should use their performance management procedures to address problems with a lazy employee. A performance management process should address what improvements are required, but also should try to establish if there are genuine underlying causes for the perceived laziness.
“Colleagues of the worker, as in this case, will understandably often become annoyed and frustrated with members of their team they perceive as not pulling their weight.”
HR should make clear to employees their performance expectations, and give them a chance to improve, Cornish added.
“Organisations with clear standards around performance, behaviour and conduct will quickly identify ‘lazy’ employees not pulling their weight, leaving no place to hide.
“If it is established that there is an attitude problem then it is likely a disciplinary process may be initiated. Alternatively clarity would be provided on what is expected, and the employee given a chance to improve.”
