The introduction of ‘protected conversations’ between employers and employees was first mooted in a speech given by the Prime Minister on promoting exports and growth. A protected conversation would be one in which an employer and employee could engage in a frank conversation, at either’s request, that would not be admissible as evidence in any ensuing Employment Tribunal (ET) proceedings. The move is seen as necessary because employers are so worried at the prospect of their dealings with employees resulting in claims against them at the ET that they are discouraged from taking on more staff. Allowing conversations to take place without the fear of reprisals would therefore make it easier for businesses to create jobs.
The Government has now announced, as part of its plans for radical reform of the employment law system, that it will publish a consultation on protected conversations early next year. If introduced, the measure would allow employers to discuss with their employees, in an open manner, issues such as retirement or poor performance, without what is said being used in evidence in any subsequent ET claim.
Employment Minister Edward Davey has confirmed, however, that employers who make discriminatory comments to employees will not be protected from discrimination claims.
The proposal has already met with negative comments to the effect that, whilst the idea behind it is understandable, it is difficult to see how it would work in practice.
Ben Willmott, Head of Public Policy at the Chartered Institute of Personnel and Development, has warned that the move could offer false comfort and cause increased confusion for employers.