SUMMARY: Learn more about protected conversations with your employees
In 2013 there was a welcome change, which now enables employers to have what are called protected conversations with their employees about ending the employment relationship. Previously, employers had been nervous about having such conversations, due to the risk that an employee would later rely on what had been said as evidence in an unfair dismissal claim.
Since then employers in some circumstances have been able to speak more freely with those employees who are not considered to have a future with the organisation, usually because their performance or conduct is substandard. Once the discussions have started, there are likely to be two outcomes:
Clarification was also provided that the protection extends to any internal discussions between different managers and human resources.
Protected conversations are potentially a safe way of managing straightforward people management issues. Employers however wanting to have such discussions should be aware of the following:
Telling an employee that the capability or conduct procedure will be invoked if terms cannot be agreed would not be improper behaviour. Stating that the individual would be dismissed if they do not agree to leave would be improper behaviour.
If you consider that you may want to have a protected conversation with an employee, it is preferable to take legal advice before doing so. This will ensure that you are confident that a protected conversation is the right way forward and if not, what other ways there are to managing the situation.
Contact Details
To explore how protected conversations and settlement agreements can provide solutions to workplace problems – please contact:
+44 (0) 808 172 93 22
This update is for general guidance only and does not constitute definitive advice.
SUMMARY: Learn more about protected conversations with your employees
In 2013 there was a welcome change, which now enables employers to have what are called protected conversations with their employees about ending the employment relationship. Previously, employers had been nervous about having such conversations, due to the risk that an employee would later rely on what had been said as evidence in an unfair dismissal claim.
Since then employers in some circumstances have been able to speak more freely with those employees who are not considered to have a future with the organisation, usually because their performance or conduct is substandard. Once the discussions have started, there are likely to be two outcomes:
Clarification was also provided that the protection extends to any internal discussions between different managers and human resources.
Protected conversations are potentially a safe way of managing straightforward people management issues. Employers however wanting to have such discussions should be aware of the following:
Telling an employee that the capability or conduct procedure will be invoked if terms cannot be agreed would not be improper behaviour. Stating that the individual would be dismissed if they do not agree to leave would be improper behaviour.
If you consider that you may want to have a protected conversation with an employee, it is preferable to take legal advice before doing so. This will ensure that you are confident that a protected conversation is the right way forward and if not, what other ways there are to managing the situation.
Contact Details
To explore how protected conversations and settlement agreements can provide solutions to workplace problems – please contact:
+44 (0) 808 172 93 22
This update is for general guidance only and does not constitute definitive advice.