Download - Difficult Conversations (New Slides)
Dealing with difficult conversations
James WillisHead of Employment Law
Why are we here? Me
You
The subject matter
What is a ‘difficult conversation’?
It’s a conversation where you have to manage emotions and information in a sensitive way
They can arise in a wide variety of situations
We are concentrating on: the probationary period Disciplinary situations Performance management situations
A bit of recent research (from the CMI) ‘Difficult’ conversations at
work trickier than: Relationship break-ups,
money, sex
Senior Managers 40% panic and tell a lie 43% lose their temper and
shout
Reactions to ‘difficult’ conversations at work Mumble, stutter, trip over
words (49%) Clam up (41%) Let emotions take over (37%) Take things too personally
(53%)
85% have never had any training on how to tackle difficult conversations!
Why have difficult conversations? It’s good for you
These problems don’t always just go away
They have a habit of getting worse
You’ll be a better manager
Your team will be happier and more productive
It’s good for the employee They know where they
stand They have the chance to
change
It’s good for the company All of the above, and… Risks are lower if you
address problems early
A little bit of law Lawyers are worried about legal risk
Contractual risks – think about: The probationary period Extending the probationary period The notice period
‘Statutory’ risks – think about: Unfair dismissal (normally need 2 years’ service) Unlawful discrimination
A little bit more law Fair dismissals require:
a ‘potentially fair reason’ a dismissal decision within the ‘range of reasonable
responses’ a fair process
‘Potentially fair reasons’ Conduct, capability, redundancy, illegality, ‘some other
substantial reason’
In the absence of a good reason… …employees may suspect a ‘bad’ one!
Avoiding (very) difficult conversations This is not about dodging them altogether!
It’s about tackling issues earlier A quiet word Regular dialogue Are you approachable?
Make sure you stay informed
Laying the foundations – take control Control the situation
Timing, location, personnel
Control your emotions Preparation, preparation, preparation
Control the outcomes Think ahead, but don’t prejudge Don’t get bounced into anything
Preparation is the key Be clear about the purpose
of the meeting
Make sure you know: your policies and
procedures all relevant documents
and information
Assertive? Collaborative?
Remain calm and controlled
Use an agenda?
Ask for help, if you need it
Think about your language Open questions (getting them to open up)
How do you think things are going? What happened (next)?
Closed questions (pinning them down) What time was that? Who else was there?
Reflective questions (getting a bit more detail) Why did you do that? Are you telling me that…?
Think about your language (cont’d) Leading questions (best avoided)
“It was you who took the money wasn’t it?”
Multiple questions (also best avoided) “You did it and you acted alone and you knew that what you were
doing was wrong, didn’t you?”
Silence People often want to fill the gap!
Remember to listen
Active listening Think about:
Words Tone of voice Facial expressions Body language
Remember to: Nod Smile (if appropriate) Make eye contact Look interested Ask questions that show
you are listening
A couple of possible scenarios A long-serving employee whose timekeeping has started to
become problematic
An employee is returning from an extended period of sick leave
The probationary period The beginning
Establish your expectations
The middle Monitor and discuss
The end Have a review meeting Confirm, extend, terminate?
This is your big chance!
Disciplinary issues (before going formal) How serious is it?
Use informal conversations
Start slowly and build up
But don’t leave it too late, e.g. When you are sick to the back teeth of them When they have accrued >2 years’ service
Disciplinary issues (going formal) Know your policies and procedures
Who is doing what and by when?
Have the allegations been properly investigated? Are there any loose ends?
Disciplinary issues (going formal) Is the invitation letter right?
Clearly set out the allegations Refer to company rules Supply the evidence
Tell them how serious it is Be clear about what’s at stake
If they are on a warning already? Remind them what this means
Getting the disciplinary meeting right Be prepared
Know the issues, the evidence Consider using an agenda
Introduce everyone / explain how the meeting works Go through the company’s evidence Allow the employee to challenge the evidence Allow the employee to mount his ‘defence’ ‘Retire’ to consider your verdict
After the disciplinary meeting? The outcome letter should
set out: The allegations Your findings of fact Why you have preferred
one side to the other Guilty or innocent? The sanction you are
imposing The right of appeal
Take account of the ‘mental element’ of the
offence Any mitigating
circumstances
Make sure the sanction is consistent: From case to case, person
to person Have you ‘gone through
the gears’?
Some other points to note Don’t issue ‘resign or be sacked’ ultimatums
If they offer to resign, you are entitled to accept
What if they raise a grievance?
Performance management Think about:
The ongoing dialogue The isolated issues The slightly worrying pattern The real problem (can’t/won’t/something else?)
The annual performance review Avoid surprises Be honest Don’t store up problems
Performance management – going formal Preparation (again, it’s important)
Get the invitation letter right
Clearly set out your concern(s) Be specific Provide examples (where appropriate)
Provide all relevant evidence
Performance management – the meeting
Introduction and structure Set the scene
Go through the concerns Remind them of previous conversations etc
Do they agree? Reasons for the underperformance? Their views on the solution?
Performance management – the meeting The outcomes
(Agreed) SMART targets Training and support? Warning (if appropriate) Scheduled review(s)
Maintain the momentum It’s crucial Keep your side of the
bargain Don’t throw all your
hard work away!
It’s a marathon, not a sprint Keep the cycle going Move through the gears
Once more for good luck… Preparation, preparation, preparation
Questions?
James WillisHead of Employmentstevensdrake solicitorst: 01293 596931e: [email protected]