Government plans to consult on "protected conversations" between employers and employees
The Government has confirmed that it intends to consult on allowing employers to have "protected conversations" with underperforming workers that would be inadmissible in employment tribunal proceedings.
The purpose of the proposal, which was confirmed by David Cameron in a speech setting out a growth package for small businesses, is to allow employers to have performance-management discussions with employees without fear of facing an employment tribunal later.
Cameron said: "We will be consulting on the introduction of protected conversations, so a boss and an employee feel able to sit down together and have a frank conversation - at either’s request."
It has not been confirmed when the consultation will take place.
- Speech on the Government’s growth package for small businesses Read David Cameron's speech, which set out the Government's plan to allow for "protected conversations", on the 10 Downing Street website.
We have set out some of the potential pros and cons of having protected conversations with staff:
- Guest blog: Nick Clegg's "protected conversations" proposal - why it could help Rob McCreath, partner at Archon Solicitors, explains why the introduction of a law to allow employers to have "protected conversations" with underperforming workers could help to reduce tribunal claims, in a guest blog for XpertHR's Tribunal Watch.
- Nick Clegg's "protected conversations" proposal: 15 reasons why this won't work The idea of allowing for "protected conversations" with staff, which has been championed by the CBI, appears to be that employers could have performance-management discussions with employees that would not be admissible in employment tribunals later. While we don't know the details of the proposals yet, there are some immediate potential problems that spring to mind.