header-logo header-logo

16 December 2011 / Tom Walker
Issue: 7494 / Categories: Opinion , Tribunals , Disciplinary&grievance procedures , Employment
printer mail-detail

Between you & me...

Tom Walker shares a cautionary tale or two about “protected conversations”

The prime minister introduced “protected conversations” last month as a mechanism to allow “frank conversations with employees” without the prospect of being taken to tribunal. Conversations could be initiated by either the employer or the employee. Business Secretary Vince Cable subsequently explained that such conversations would allow “employers to raise issues such as poor performance or retirement plans in an open way, free from the worry it would be used as evidence”.

Frank feedback

Of course, employers can already give full and frank feedback on an employee’s performance and should not feel threatened by a constructive dismissal claim when doing so. The clear implication of these “protected conversations”, particularly given the reference to retirement, is that they will go further then a mere discussion on performance. They will raise the possibility of parting company. As such, they may well be intended as a shortcut to the arguably cumbersome process of performance warnings and assessment periods under the ACAS code.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll