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ARTICLE · 06 MARCH 2012

Oops, I Shouldn't Have Said That! When Can And Can't Managers Have Frank Conversations At Work?

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The Government would have us believe that employers live in constant fear that comments made in the course of frank discussions at work may become the hook for future litigation.

United KingdomEmployment and HR
Andrew Yule
Andrew Yule
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The Government would have us believe that employers live in constant fear that comments made in the course of frank discussions at work may become the hook for future litigation.

The Government's proposed solution is to introduce the 'protected conversation' – a forum in which employers may 'raise workplace issues in an open way, free from the worry it will be used as evidence in ...Tribunal'. However, while we await the Government's consultation document and details of their proposals, it is worth reviewing whether the current position is really as much of a minefield as the Government suggests.

Can an open conversation be frank?

In many ways, the existing law and current best practise already encourage employers to be frank with employees. For example:

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