header-logo header-logo

Between you & me...

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll