Have you ever thought about pulling an employee aside for a quick “off-the-record” chat to resolve a workplace issue? It’s a common scenario and one that’s fraught with more legal complexity than you might expect.
Not all “off-the-record” conversations are created equal, and without knowing the ins and outs, you could be opening the door to a costly claim.
The Legal Landscape of Confidential Conversations
There are two main types of confidential conversations you might consider:
- Protected Conversations: These are suitable when there’s no existing dispute with the employee. They’re often used as a more straightforward route than formal dismissal procedures.
- ‘Without Prejudice’ Discussions: These come into play when there is an existing dispute and can pave the way for a settlement without the risk of what’s said being used in court.
In both situations the employee must agree to proceed in that way and have the right to be accompanied by a trade union representative or a colleague.
The Catch with Protected Conversations
While you might opt for a protected conversation to expedite resolution, be aware that they don’t apply to all claims. Crucially, they won’t protect you against claims of discrimination or other specific issues. And if you engage in ‘improper behaviour’ during these talks, all bets are off—the conversation is no longer protected.
Best Practices for Employers
Before you initiate such a conversation, it’s wise to get your facts straight. And that’s where we come in. At enlightenHR, we’re all about giving you the tools and knowledge to handle these discussions with care and legality.
If you’re considering an ‘off-the-record’ conversation, reach out to us first. We’ll help you navigate these tricky waters safely, ensuring you’re fully informed and protected against any potential backlash.
Remember, the goal is to resolve issues amicably and lawfully, keeping the best interests of your business and your employees at heart – Don’t hesitate to contact us for personalised advice.
Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com
