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Protected conversations in Government labour law proposals "recipe for disaster" - employment lawyer

Protected conversations in Government labour law proposals "recipe for disaster" - employment lawyer

Howard Hymanson, head of Employment Law at Harbottle & Lewis, said:   “In principle there is much to be said for the introduction of a right for an employer to have a full and frank exchange of views with an underperforming or poorly behaving employee.  

 "However, the problem is that once the “genie is out of the bottle” there is no putting it back. In practice one can not impose by legislation an effective “time-out” in a relationship which at its heart is built on the implied duty of “mutual trust and confidence”. If this “protected conversation” actually finds its way on to the statute books, it will not be help employers in many instances to bring about an effective, pain free exiting of an unwanted employee. 

 "What we will actually get is simply another recipe for disaster, very much in keeping with the last government’s failed statutory dispute resolution procedures.  In reality employers must be left to gauge how and when these difficult conversations should take place in the context of their own workplaces, it is not an area which is in any sense requires yet more government regulation.”

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