It is every employer’s dream that the employment relationship will be issue free and that there will never be a need to have difficult conversations with members of staff.
Unfortunately, like the common cold, challenging conversations are almost unavoidable in the workplace and employers do find themselves having to deal with such conversations at some point during the working relationship.
Difficult conversations often involve managing emotions, sensitive topics and conflicting opinions in a way that may make managers/ employees feel uncomfortable and studies have shown that people would generally rather avoid having them. However, avoiding such conversations is never a good idea and doing so can make issues fester and escalate.
Difficult conversations may take the form of:
- offering an exit package
- discussing a performance or conduct issue,
- a need to tackle personality clashes
- informing an employee that their role is at risk of redundancy
- communicating a decision that the employee may not like
- dealing with an employee’s personal problems.
Whatever form these conversations take, it is important to get them right from the start to avoid or minimise the risk of grievances, allegations of discrimination, disciplinary proceedings, or even court or employment tribunal proceedings which can take up significant management time and business funds. Poor handling of these difficult conversations could also have a negative impact on staff morale (along with a corresponding impact on productivity) as well as reputational damage.
We set out below some of the key considerations to help you to effectively manage these conversations:
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Prevention is better than cure
Employers should consider training managers on how to recognise and deal with emerging issues promptly and effectively before they escalate. In reality, most issues can be spotted early by maintaining open communication channels, providing ongoing feedback and effective coaching and development. Managers should also bear in mind that team members may have different working styles or may respond to situations differently, and should take steps to get to know each team member individually to foster good working relationships.
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Planning and Preparation
Unfortunately, no matter how hard an employer tries, certain difficult situations do arise one way or the other. Before initiating a conversation, it is important for employers to have all the relevant facts available. Employers should not make assumptions or jump to conclusions without carrying out necessary investigations. For example, where the issue is performance related, you should be clear on what performance targets have been set for the employee, the ways in which they have failed to meet those targets and whether there are any mitigating circumstances, for example, if they have been off sick. It is also helpful to consider what outcomes are expected from the conversation and develop that outcome, such as an agreement with the employee about extra support or coaching.
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Check your internal policies
Well drafted internal policies provide employers with a framework within which to handle most work-related situations. Employers should ensure that staff are familiar with any relevant policies and endeavour to follow them in applicable situations. For example, if you have a trigger point for a discussion in your sickness absence policy, then both staff and managers alike need to be sure what that is. Internal policies should also be kept under regular review to ensure that they are up to date with current laws.
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Consistency
Well drafted policies serve as a useful starting point in ensuring that issues are dealt with fairly, given that they clearly set the business’s expectations on the relevant subject matter. Employers should, however, make sure that they consciously ensure that the policies are applied fairly across the board. To assist, it is always helpful for employers to keep records of any decisions or outcomes in historic situations which they can refer back to when similar situations arise in the future. Employers should be aware that any action, or lack of action could lead to costly complaints of discrimination and unfair treatment in any given circumstance and should therefore be prepared to rationally justify any difference in treatment where appropriate.
Contact our Employment & HR law experts for guidance
Our team of employment law experts regularly advise employers across various sectors on how to manage complex, difficult conversations in the workplace.
We offer training sessions to businesses to equip managers with the necessary skill and confidence to nip challenging situations in the bud. We also provide tailored guidance notes specific to particular situations or employees. Our guidance notes include meeting scripts to help managers prepare and stay in control of the conversation, as well as follow up letters which ensure that all the right things are being communicated.
Sometimes self-testing can be a useful way to practise how to handle difficult conversations. Our team can schedule mock situations (from informal discussions, to grievance or disciplinary situations and employment tribunals) to help your managers identify and improve gaps in their skills.
If you would like any assistance on how to approach complex conversations in your organisation please contact Sarah Calderwood or Tracey Guest in our employment team
Call us on 0161 969 3131 or fill in our contact form and one of the team will get back to you.