One of the most expensive mistakes a manager can make is delaying a difficult conversation with an employee. I recently supported a client who postponed tackling performance issues with a staff member. By the time they decided to act, the employee had reached two years’ service, a crucial milestone in UK employment law. At this point, the employee gained the right to claim unfair dismissal, making any termination process much more complex and risky for the business.
What Counts as a Difficult Conversation?
Difficult conversations at work aren’t always obvious. They can include addressing poor performance, managing complaints, resolving personality clashes, or discussing personal issues. These conversations often involve strong emotions and sensitive information, and if not handled well, can lead to bigger problems for your team and your business.
Common Mistakes Managers Make
- Delaying or avoiding the conversation hoping the problem will go away.
- Being insensitive which can escalate the issue.
- Losing control of the meeting, straying from the main purpose.
- Lack of preparation not knowing the facts or having the right evidence.
- Sticking rigidly to a script and failing to adapt when new information arises.
Why Preparation Matters
Before you sit down with an employee, take time to prepare. Review your company’s policies and gather any relevant evidence. Decide whether to have a neutral note-taker or record the meeting for accuracy. Planning how you’ll keep the conversation on track, using active listening and positive body language, will help you stay in control. If things get heated, don’t hesitate to pause for a break.
Communicate Clearly and Adapt
Be clear about your concerns and use open questions to encourage honest dialogue. While preparation is essential, be flexible, if the employee raises new points, be ready to listen and adjust your approach. Sticking too closely to a script can make you seem disconnected or unprepared.
Four Steps to a Productive Conversation
- Introduction: Set a positive tone and explain the meeting’s purpose.
- State the Issue and Evidence: Clearly outline your concerns, sharing any supporting evidence.
- Ask for an Explanation: Listen to the employee’s response and consider any mitigating circumstances.
- Agree a Way Forward: Discuss solutions together and arrange follow-up to monitor progress.
Don’t Wait Until It’s Too Late
If my client had acted sooner, they could have addressed the issue while the risks were lower and options were clearer. In the UK, once an employee reaches two years’ continuous service, they gain important rights, including protection from unfair dismissal and entitlement to statutory redundancy pay. This means dismissing an employee after this point requires a fair reason and a robust process, or you risk legal claims and costly disputes.
Consider Mediation
If issues persist, mediation can be a flexible and confidential way to resolve disputes before they escalate to formal grievances or legal action.
Key Takeaway
Don’t let avoidance turn a manageable issue into a legal headache. Address concerns promptly, prepare thoroughly, and communicate openly. If you’re unsure where to start, please contact to me, before time and employment law work against you.
