Handling difficult conversations with employees is one of the most challenging tasks for managers and supervisors. While it might seem easier to avoid confrontation and hope the issues resolve on their own, neglecting these conversations can lead to far greater complications.
Instead of waiting for problems like poor performance, attitude issues, or missed KPIs to improve on their own, addressing them head-on is crucial. Failing to act can result in high employee turnover, reduced productivity, and in some cases, legal consequences that could damage your business’s reputation and bottom line. Proactively managing difficult conversations ensures a healthier work environment and better overall business outcomes.
As employment lawyers, we see firsthand how delaying or avoiding difficult conversations can escalate minor issues into serious problems. These can include workers’ compensation claims, workplace bullying allegations, and general protections claims, to name just a few.
Here are five key steps to ensure that difficult conversations with employees are productive, fair, and help minimise risks to your business:
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Prepare Thoroughly
Preparation is essential, though the approach may vary depending on the nature of the conversation. If the issue relates to poor performance, document the specific concerns you wish to address. This should include details about any performance breaches and the impact on the team or workplace. Be sure to review relevant policies such as performance management procedures, codes of conduct, and any applicable employment contracts or agreements. Familiarising yourself with legal obligations will help guide the conversation and ensure it’s compliant.
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Choose the Right Setting
The logistics of the conversation are just as important as its content. If the employee speaks English as a second language, consider using an interpreter to ensure clear communication. In any setting, it’s vital to have the conversation in a private and quiet environment, where there are no distractions or potential for the discussion to be overheard. Whether in an office or on a job site, choose a location that allows for a focused and respectful dialogue.
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Handle Defensive Reactions Thoughtfully
Employees may become defensive when confronted with issues like poor performance or attitude. In these situations, it’s important to ask open-ended questions that allow them to share their perspective. For example, you might ask, “Can you explain why you believe the feedback regarding your attitude is incorrect?” or “How do you see the events unfolding from your point of view?” These kinds of questions can encourage an open dialogue, providing more insight into the situation and helping to clarify next steps.
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Document Everything
Taking detailed notes during the conversation is crucial. These notes will serve as valuable records in case the discussion leads to legal challenges, such as unfair dismissal or workplace bullying claims. The more thorough and accurate your notes, the better. Whether handwritten or typed, make sure to keep a record of the conversation, storing it in a way that’s accessible and secure. For those working on-site, maintaining a diary to log conversations can also be helpful for ongoing documentation.
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Set Clear Outcomes and Timelines
Once the conversation has taken place, agree on a course of action and set specific timelines for improvement. For example, if an employee is habitually late to work, establish clear expectations regarding punctuality and agree on a timeline for change. Setting deadlines for progress and scheduling a follow-up meeting ensures everyone is on the same page and can track improvements.
These steps will help ensure that your difficult conversations are more likely to lead to positive changes, foster fairness, and reduce legal risks.
At NB Employment Law, we specialise in providing legal guidance to employers, supervisors, and managers. We’ve helped thousands navigate challenging conversations and resolve workplace issues effectively. If you need assistance, don’t hesitate to get in touch with our experienced team.