This got me thinking about how much can be conveyed and communicated without speech and about how much of what we communicate is so much more than the words we speak.

This is important in a workplace conflict or mediation context where it is necessary to understand the needs and interests of the parties. The issues in dispute in a workplace conflict are the real tip of the iceberg, it is what lies beneath that is important. The real issues relate to how people engage and interact with each other and how they are feeling and reacting to this is important for both parties to understand.  This does not mean that the parties have to agree or accept the others position but they do need to gain an understanding of the others perspective.

To gain this understanding it is necessary to listen to what is beneath the words, to look for clues in an individuals demeanor, gestures, body positioning, facial expressions, eye contact and also tone of voice.  Some studies suggest that 93% of our messages are conveyed by tone of voice and facial expressions and 7% by the words spoken. It is clear that we express our emotions and attitudes more non-verbally than verbally so the nonverbal clues are vitally important to understanding the underlying issues.

Real, deep listening is hard and takes some effort. Listening to the words is hard enough in itself but to listen to all the emotions and feelings is even harder.  It requires sustained and full attention without letting your mind wander as to what’s for tea tonight or what your next question is. Multi tasking is not an option here and even taking the briefest of notes can distract you from what is being communicated. The skill of the mediator or conflict coach is to listen empathetically and to then to reflect back what is being communicated between the parties in an appropriate way and so that their understanding of  each others perspective is deepened.

In the Artist there was the benefit of atmospheric music, lighting and the artistic composition of scenes, (and a very cute dog) which are not available in a normal interactions with individuals. Without these clues it is even more important to engage in deep empathetic listening; a vital skill for anyone involved in dealing with workplace conflict either as a line manager, HR professional, conflict coach or mediator.

For further information about training courses available on conflict management or difficult conversations please visit www.alisonlove.co.uk

With around 30 years experience of dealing with workplace disputes I have become more and more convinced that workplace mediation does provide a better way to resolve disputes in many cases. I have seen suggestions that managing and resolving conflict better could solve all our economic problems. Whilst I do believe it has a real value and that it should be more widely used , even I would not quite go this far!

So what are the pro’s and con’s and what are the differences between mediation and other of  dispute resolution processes?

Mediation v disciplinary or grievance procedures.

The main difference between mediation and formal or legal processes is that mediation deals with the underlying emotional aspects of a dispute. In a disciplinary or grievance process the concern is more with the factual issues and coming to some sort of findings or decision. The result of this is that the positions of the parties become ever more entrenched and defensive. In my experience the procedures can often take on a life of their own with grievances being met by counter allegations. Also the outcome may not ultimately satisfy anyone.

As a mediation is conducted by a neutral and independent mediator and on a confidential and without prejudice basis it provides a safe environment in which the real issues can be uncovered and dealt with. This is far more likely to resolve the underlying issues and maintain a working relationship. To me these differences are illustrated by the following diagram.

The complete solution?

Although I firmly believe that mediation is a better solution in many situations it is not the right solution in every situation. It would not be appropriate where:-

• Where the parties have not agreed to mediation. It is an entirely voluntary process and it is important that individuals willingly participate; indeed this is an important first step in itself.
• It should not be used as an alternative to line management. Many situations can be better resolved by line managers utilising conflict management skills themselves, even more can be avoided by line managers engaging appropriately with employees in the first place. However where this has broken down and individuals are locked into a conflict situation then a neutral third-party can have a real benefit.
• In situations where there is serious or gross misconduct it may be inappropriate to mediate. In such situations there may be a need to deal with matters under formal processes and for others to understand that such behaviours and conduct will not be tolerated.

Conclusion

So whilst mediation is not quite the Holy Grail it is preferable to the formal or legal processes that many of us are more used to in many situations. I can now look back and see many situations where I was involved in litigating disputes when mediation could have been a much better option and clearly should have been considered. Most importantly, had mediation been successful in these situations it would have involved significantly less financial cost to both parties but also less damage to the health and well-being of those involved.

As outlined in my earlier blog (http://blog.alisonlove.co.uk/2012/02/02/adult-conversations-or-better-performance-management-without-a-compulsory-retirement-age/) there are a number of issues that might arise and which have the potential to cause conflict. The group discussed what action employers might need to take to proactively manage such issues. These included:-

• Talent Management and Succession Planning. From about 2025 and beyond the number of over 65′s will exceed the under 25′s. As the Baby boomers start to retire in significant numbers there will be a loss of experience, talent and knowledge with insufficient numbers of younger workers to replace those retiring. This could lead to recruitment and retention difficulties. Employers would do well to start thinking about these issues sooner rather than later so that vital skills and knowledge are not lost.
• Age Positive. There seems to be a misconception that the age discrimination legislation prevents employees from adopting age positive policies.This is not the case and employers should think about how to retain older workers by utilising their skills  and experience in new and different ways. One delegate related an example of the hugely positive benefits (to both the individual and the business) of an older worker having the opportunity to take on a new and different project.
• Promote flexible working. Evidence suggests that older workers are largely unaware that flexible working options might apply to them and employers could therefore do more to bring these to the attention of all.
• Performance Management. All the guidance suggests that employers should use the annual performance appraisal as an opportunity to ask all employees about their short-term, medium term and long-term goals. in addition performance objectives should be clear, objectively measured and applied to all employees equally regardless of age. In the event of the objectives not being met in some way then alternatives should be considered where this is possible.
• Line management. The role of the line manager will be key in managing these issues. If there is a good relationship and a high level of trust conversations will be open, honest and transparent. Guidance should be given to line managers of the alternatives and options available. Also line managers should have the skills to establish and maintain good working relationships and to confidently handle to what might be a difficult conversation.
• Training and PDP. Surveys suggest that older workers are often “neglected” when it comes to training and performance management. This clearly needs to change to avoid potential discrimination issues. Career management needs to become a life issue and not something that applies to employees until they reach their 50′s.
• Involve trade unions. Where this is relevant ensure trade unions are involved in developing relevant policies and procedures.

As with any new discrimination, much is about managing a process of change which will include changes to policies and working practices as well as a change in all our mindsets.  For more information about in-house training courses available  on Conflict Management or Managing Difficult Conversations please contact me on 07808 829545 or visit www.alisonlove.co.uk

Finally, my thanks to all those who attended and for your contributions. Mug shots below!

A number of studies suggest that the level of employee trust in senior management remains worrying low and is getting worse. An Institute of Leadership and Management survey showed that trust in the chief executive had plummeted to 51 on a scale of one to 100, comparing with an average score of 63.

Some commentators suggest that this is linked to the current economic climate. My own view is that this is all  too easy an excuse; however difficult the circumstances trust can be maintained if employers and managers work hard enough. If achieved it makes delivering hard or difficult news easier on both parties. As the saying goes “trust is hard-won and easily lost”.

This loss of trust is likely to have a significant impact on engagement and employment relations; therefore impacting on business performance. Post recession it is also likely to lead to a loss of talent.

A disgruntled employee can also do a lot of damage to a company’s reputation. Greg Smith’s very public resignation would have got attention in any event but social media enables statements of discontent to go global at high-speed. Whether  Greg Smith had  been passed over for promotion or not or whether his resignation is an accurate exposition of the culture endemic within Goldman Sachs,  this can hardly have been good for business.

But what do employees really expect from employers and does this vary from generation to generation?

Generational Differences?

A recent article in the Harvard Business Review suggests that workers expectations are changing and that employers need to institute new talent management approaches that reflect the reality of today’s employment relationships.

Gone are the days of  employees working hard and demonstrating loyalty to their employer and then being rewarded with a job for life, steady career or a comfortable retirement. This began to be eroded in the 1970′s and has  continued with lay-offs, redundancies, reduced benefits and loss of pension benefits.

Despite this many talent management or performance management practices are still based on tying in employees to long-term service benefits, training for younger employees and promotions linked to service. Also, well-intentioned managers often feel compelled to try to convince employees that jobs are safe when this is clearly not the case.  How often have you seen angry union bosses wringing their hands and bemoaning that they were the last to know that the company was in real difficultly and that closure or job cuts were on the agenda.

Even worse while companies can no longer promise long-term protection and care, they still expect unwavering loyalty and commitment. The practice of immediately dismissing an employee who dares to accept a new job  or even think about it (one recent example where an employee put a cv on LinkedIn) is still very common in many sectors. Employers will of course argue that confidential information needs to be protected in such situations but I think that this  is often overstated and displays an unwarranted lack of trust in individuals.

The mismatch between the reality of life as we now know it and management practices and leadership communication create distrust. Trust is destroyed when something is promised which is not or can not be delivered.

A number of other studies suggest that this erosion of trust is highest among the younger generations. One study undertaken among 1,002 office workers aged 16 to 24 found that just under one in three did not trust either ‘most’ or any’ of the information their employer gave them about business performance, which suggests that Generation Y is becoming increasingly disillusioned with the workplace.

What can employers do to restore trust?

• The key is to establish a new, more honest and realistic relationship where employers “tell it how it is”.
• Senior managers should increase their visibility and communicate effectively and consistently with staff. Also communicate in ways and using medium that make sense to Gen X and Y employees rather than stick with more traditional mechanisms; these employees will want a voice and will want to contribute to the debate.
• Set clear measures of success and results required but leave the choice of when and how to work to the individuals.  Too often employees are pushed into delivering in the traditional ways of working which do not suit their personalities or make best use of their creativity.  For Gen X or Y employees this is particularly inappropriate and does not fit with their expectations. Gen X and Y do not pretend to be loyal and do not expect or even want long-term employment, what they want is something that gets them engaged and excited; loyalty for them is temporary.
• Link rewards to the individual rather than to length of service. It is suggested that  Gen X and Y  have an aggressive attitude to performance issues and are less tolerant than other generations in this respect.
• Accept that the dividing line between work and home life are becoming increasingly blurred for those generations that are constantly connected.

It is worrying that the levels of trust between employer and employees seem to be continuing to decline. What is very clear is that employers have got a lot to do to restore trust with employees and that they have an even harder mountain to climb with Gen X and Y employees. Those that do make the effort will reap the benefits.

There cannot be many jobs which are as pressurised as managing a Premier league football team, yet Alex Ferguson continues to perform in an extremely high pressured role at the age of 70. His performance does not seem to have diminished over many years and indeed his experience no doubt brings considerable advantages. A good example that performance will not necessarily start to decline once employees reach a certain age; the reality is that some will and some will not, just as performance issues can arise at various stages in an employees working life.

However it does seem likely that the removal of any compulsory retirement age will increase the need to consider performance and role changes with older workers. What is clear is that employers can no longer ignore issues as an employee approaches retirement in the way that some have done so in the past and that this could cause problems if not handled appropriately.

Issues could arise in a number of ways. For example, in some cases performance in a particular role may decline, in others there may be a need for a change of function in order to better utilise skills and experience or manage succession or there might be a request for a change to part-time working. In any of these situations there is a potential for conflict to arise, particularly as the needs or interests of the parties might well differ in these situations. 

As the demographics of the working population change and the decision to retire becomes more and more of an economic one rather than a lifestyle choice. Many workers in the Baby Boomer generation will have the double whammy of financing children through university and caring for older relatives, with all facing the prospect of reducing pension funds. Older workers may well be forced to work longer than they really want to or are capable of for economic reasons, leading to performance and engagement issues and perhaps to frustrations from younger employees who see their promotion or development opportunities being blocked.

In many situations the person who is required to have the discussion with the older worker may be many years his or her junior. The different values and behaviours that the generations tend to have may well impact on the conversation and increase the potential for conflict.

What can employers or managers do to manage these situations sensitively?

• Treat everyone equally

Firstly, there is some guidance from ACAS in order to avoid claims of age discrimination. In particular, the guidance suggests that employers should have regular conversations with all employees about their career plans. It makes sense to do this at the annual appraisal when the individual and organisational goals can be discussed.

• Be open and honest

I have heard some employers express concern and doubt that employees would be entirely honest in such discussions particularly in the current climate. I am sure that this is right in some organisational cultures but much will depend on the degree to which employees trust their line manager in particular and their employer generally. Those that have an open culture backed by strong values will reap the benefits of honest and open conversations; benefiting both parties in managing any change and potential conflict.

The government is consulting on the introduction of “protected conversations” in these situations; that is a conversation that cannot be referred to in any subsequent legal claim; what we have always known as “without prejudice” conversations. Quite how this works remains to be seen but I fail to see how this might help. If there is clear evidence that an employee is not coping so well or keeping up with changes for example then these should be openly and honestly discussed and I can see no sensible reason why not to.

• Have the conversation

Whatever procedures are in place for regular discussions, when a situation arises which requires some discussion, the best advice is to have the “difficult” conversation rather than avoid it. It is perhaps human nature to try to avoid a potential conflict situation; however it will not help and is likely to make matters much worse.

• Prepare for the conversation

Think about what outcome you want to achieve and the message you want to convey. Try to anticipate what outcome the other person may want and how you will respond.

• Listen more than you speak and understand the other person’s needs

Listening is a very important skill and one that takes a lot of hard work to achieve effectively. “God gave us two ears and one mouth as listening is twice as hard as speaking.” Listen empathetically and demonstrate your understanding by reflecting and summarising. Listen to the words and the feelings and emotions that are behind the words. By doing so you will begin to understand the other person’s needs and interests and identify any areas where both parties needs can be met.

•  Take care with language and respond appropriately

Be clear; ask open-ended questions to really understand and explore the issues. Try to avoid justifying your position as this leads to defensive reactions. Better to validate rather than justify. Also adopting particular behaviours will help to manage any conflict situations; generally responding in a passive or aggressive manner for example is unlikely to achieve a satisfactory outcome.

•  Aim to collaborate

This is the holy grail and will produce a win-win for both parties.  I am sure that in many situations a win-win can be identified if the parties are truly collaborating and being creative in finding a solution that works for both. However, even if this is not possible, if throughout the process each has fully understood the others needs damaging conflict is far more likely to be avoided.

To explore these issues and for further guidance on the skills to manage these situations please contact me (al@alisonlove.co.uk or 07808 829545)  for details on my forthcoming seminar,  Skills to Manage Retirement Issues on 8th March 2011 at Cardiff City Stadium

We can all think of people we have come across in our working lives (no names mentioned) who were difficult to deal with. Someone who seemed to have the ability to say or do absolutely the right thing to really wind you up. Someone who doesn’t listen? Takes credit for work you’ve done? Wastes your time with trivial issues? Acts like a know-it-all? Can only talk about themselves? Constantly criticizes? Sound all too familiar?

Whose problem is it?

When we come across one of these characters it can have a significant impact on how we feel, our emotional wellbeing and how happy (and productive) we are at work.  This is especially true when the person you’re struggling with is your boss or a team member.

Often it is all too easy to fall into the role of victim. Whatever is going wrong isn’t our fault and by blaming others we feel better in the short-term.

The problem with being a victim is that you give up control  and it does not resolve the  situation. I saw this put brilliantly recently as ”it is like allowing someone to live rent free in your head”.

It’s all about you.

What one person see’s as a difficult or challenging person is not the same as others as we all have different levels of tolerance to certain behaviours. For example some people get incensed when someone is late for an appointment while others will be far more relaxed about it. I am in the latter camp so will incense others for whom strict timekeeping is important.

Only 2% of the population are considered to be truly difficult. It is therefore far more likely that where there is a problem with a difficult person, it is really a conflict; a difference of views, ideas, values or interests. Far better in this situation to appreciate that you are unlikely to change the person concerned and the only person you have the possibility of changing is yourself; not your personality but your behaviour.

So what can you do?

• Understand your own behaviour – the first thing to do is to understand your own behaviour. We all have a default behaviour programme and a default response to conflict. It can be enormously helpful to understand your own default behaviour in order to avoid simply reacting to the other persons behaviour and instead think and choose your behaviour.
• Take charge of your own behaviour – be aware of how your own behaviour (and the words you use) impacts on how others might react and adapt your behaviour accordingly. Do not allow yourself to be hooked by what other people say or do.
• Build your confidence and self-esteem – believe in yourself first, in that way your interactions with others will improve.
• Improve your listening skills – deep listening is one of the most difficult skills to learn and practise. It involves listening to the words and what is behind them and reflecting back what you think you have heard. You will need to listen more than you speak.
• Understand the impact of your language/tone/body language – the words and what is behind the words are very important and can make a huge difference to the way the other person reacts. People are more influenced by how you say things than what you say.
• Become more assertive - learn to become assertive rather than submissive or aggressive. The latter will often exacerbate a conflict situation and make your life harder.
• Be likeable - people are more likely to do as you ask if they like, respect and trust you.
• Learn the art of persuasion – persuading others involves changing the other persons mindset and will require the skills, qualities and characteristics to make you believable and credible.
• Empathise – always be aware that the other person may see the world differently from you. Empathise with their viewpoint and offer solutions that ensure a win-win outcome.

It is not always easy to put these into practice, particularly when someone is struggling to deal with a difficult individual. It will take some hard work and patience. However, it is worth the effort as the benefits can be enormously powerful and unless you do take control the only person you will be hurting is yourself.

For more information about how to gain the skills needed to manage difficult people or conflict situations (including coaching support and training courses) please visit my website at www.alisonlove.co.uk.

Now that 2012 is very nearly upon us, I can not help reflecting on what has been a momentous year. I can not remember a year where there have been quite so many significant political or world events; from the Arab spring uprising, UK riots, phone hacking revelations, strikes and the ongoing Euro crisis to name but a few. 

For me personally the year has also been one of significant events, fortunately of a far more positive nature.  It has been a year of change which is overwhelmingly exciting and I am  loving the adventure.  I have celebrated a first wonderful year of marriage, I had the privilege of spending a wonderful six weeks of travelling with my family over the summer holidays (for full details of our adventures see my earlier blogs),  my eldest son has turned 16 and I have left the security of my 12 years as a Partner at Hugh James to start-up my own business. 

I am really pleased with how well the new business is going, particularly at this early stage. I love my new life of freedom and flexibility and the fact that I am doing something new and different. Reflecting on the process of starting a new business, the following are things that have  been important to me or which I  learnt along the way. For anyone contemplating a change of lifestyle and career I hope that these might be of some help.

• Get some good career coaching.  Test out your ideas, make sure that what you are planning to do really utilises your skills and fits with your life goals.  I am indebted to a good friend who clarified my thinking in this regard.
• Have a support network in place. I am very fortunate to have fantastic support from colleagues, friends and family, and importantly one or two people ( you know who you are) who will give me the necessary encouragement or straight talking when necessary.
• Don’t underestimate the planning. I totally underestimated how much time I would need to spend on such things as sorting out my website and branding. I did at stages wonder whether it was worth all the time and effort but now realise that it clearly was. My thanks to Joel  Hughes (Jojet Ltd) and Russell Britton who worked together brilliantly and gave great advise. Getting my administration and paperwork in place right from the start has also proved to be a good investment of time.
• Build on and utilise your networks.  My already strong network of contacts has been invaluable in getting me off to a good start. With a lot of help and guidance I am also learning how to use both the relationship building skills I am most comfortable with ( the face to face meetings or contact) with those that I was less familiar with; namely social networks. I am learning new skills, am coming to understand how it all works together and also beginning to see the results. My thanks in this respect again go to Joel of Jojet.
• Don’t be afraid to ask. I have been amazed  by and am very grateful for the willingness of others to give their time to help, offer advice or put me in contact with others. It is also amazing what comes out of such conversations and the opportunities that can arise. For me this has already resulted in me working in association with others to provide accredited mediation training and many other “irons in fires”. As John Handy puts it ” you have to be in the orchard to catch the apples”.
• Be courageous, willing to learn and have a can do attitude. When running your own business you have to provide your own IT, admin, accounts, marketing, business development etc support without the luxury of teams of people to assist or delegate to. Whilst I am looking forward to outsourcing some of this at some stage, I think they are all important skills that all business leaders should understand fully. I feel that I have gained considerable knowledge and skills by doing so and that this will be important as the business develops. It is sometimes a bit scary but with the support network and help from friends and family I am proud at what I have achieved so far.
• Have fun. Life is all too short to be doing something that you do not enjoy and get real satisfaction from. I have been working hard but loving learning new skills and developing something new with total control over what, when and how. I have also ensured that I have time to explore interests outside of work for the first time in many years. Finally and most importantly, I get a real buzz out of helping people to resolve workplace conflict and improving their own lives and health and wellbeing; there is nothing quite like it. I love that I am doing something both fascinating and extremely worthwhile.

Despite the uncertainties around us all, I look forward to the next part of the adventure in 2012. I would like to take this opportunity to wish you all a prosperous and happy 2012; enjoy the challenges, seize all opportunities and embrace and lead change (I think that will be my New Year resolution!).

Clearly there are complex issues here which are being played out very publicly. There are also large numbers of people and interest groups involved who are communicating in ways which are particularly unhelpful and leading to greater conflict. However an understanding of how conflict arises and what steps can be taken to resolve conflict can in my view help.

Understanding what conflict is

Conflict is a difference of opinion or viewpoint, if the difference in view is not accepted then problems can arise. Viewpoints are influenced by our view of the world and our  experience. It is not a question of right or wrong, simply a difference of opinion. Put very simplistically, the difference of viewpoint here is that those in the private sector find it difficult to understand the strength of feeling given the pain that they themselves have already suffered by wage cuts, job losses and reduction in value of their own pensions. They do not see why the public sector should have gold-plated pensions paid for by public funds. On the other side there are those doing some of the most challenging and difficult jobs for public benefit, who are already on low pay and who are outraged that their pensions are now under attack. Also, without emotion conflict does not exist, even without the furore about Jeremy Clarkson’s comments, there were already high emotions on both sides.

How can conflict be resolved?

It is difficult to understand what the truth is from the news reports and posturing statements from both sides, but most suggest that there has been little real dialogue or attempts to really understand each others position. Also the “sound bite” statements you hear from both sides use language that is unhelpful and which deepens the divide.

Central to resolving any conflict situation is to focus on the needs and interests of the parties in dispute and a skilled facilitator will get the parties to focus on interests and try to help identify issues or needs that are common to both.  In this context, could these include financial security, fairness, lack of disruption to families lives and business and a need for each party to show that they are not giving in and are fighting for their members or voters?

There is often a need for the parties to give vent to their feelings of anger and resentment before they can move forward to considering solutions for the future.

There clearly needs to be some mechanism for each side to understand the others position and in particular the needs and interests of the other.  A reluctance to engage in meaningful dialogue will clearly not achieve this.

Thomas-Kilmann has identified five different approaches to handling conflict;

• competing – the goal is to win
• avoiding – the goal is to delay
• compromising – the goal is to find a middle ground
• collaborating – the goal is to find a win-win solution
• accommodating – the goal is to yield.

From what you see from the news reports both sides appear to be in the competing or avoiding category; collaborating would be the holy grail but a move towards compromising would clearly help to resolve the conflict.

Whilst I am not suggesting that the solution here is an easy one, in my view, these basic principles can apply here. What is required is strong leadership from both sides and an indication that each is willing to enter into meaningful dialogue.  Each side should then “seek first to understand, then to be understood” (listen more than they speak) and adopt a compromising approach to conflict. A very skilled independent arbitrator or facilitator would clearly be helpful in achieving this.

Sounds all too easy doesn’t it?

We have already had advance notice of some aspects of this but at long  last the government have published their response to the Resolving Workplace Consultation. What will this mean to employer? The main proposals are:-

Mediation
The government have consulted on how mediation can be better utilised by businesses given both the proven business benefits and stresses on the tribunal system caused by the volume of employment claims. There had been some talk of whether mediation should be a precursor to litigation as is the case with commercial disputes. The government have ( rightly in my view) not gone that far. However, their final response perhaps does not go far enough.

The proposal is to explore with large businesses within the retail sector whether and how they might be able to share their mediation expertise with smaller businesses in their supply chain. The government will also pilot the creation of regional mediation networks through the provision of training to a number of representatives from local SME’s.

Quite how this is going to work is unclear. There are some very good and powerful case studies in the retail sector and this sector may be ahead of the game. However why one sector rather than others or a more general approach has not been adopted is a little surprising. Also quite how good practice will be pushed down the supply chain is also unclear; attempts to do similar things in relation to diversity and equality have not really worked and simply lead to tick box type approaches.

Extending training might be very good for some but the real challenge is to raise awareness of the business benefits more generally. Training may well be one way of doing this but it strikes me as an expensive approach. Also, unless those trained have an opportunity to really practice their skills on a regular basis, the training will not be utilised effectively in the workplace and the awareness raising will be to a very limited audience.

Settlements
There are some proposals to clarify a number of technical issues regarding compromise agreements. In addition they are to be renamed as settlement agreements; one has to ask why and how does that make any difference whatsoever!

Nick Clegg’s idea of “protected conversations”  has been included with confirmation that this proposal will be the subject of further consultation. It does of course remain to be seen what ultimately comes of this but this whole idea seems ridiculous to me. Employers already have the option to have “without prejudice” conversations which are protected if done in the right way so what the difference will be is difficult to understand. However, more fundamentally if there are genuine performance issues then these should be raised  openly and honestly with employees; line managers should be encouraged to do this ( with the right training and support) rather than discouraged, The result is likely to be that line managers will only have those more challenging and difficult conversations under the cloak of protection, the scope of which is likely to unclear in any event.

Unfair dismissal qualifying period extended to two years
This proposal had already been announced. Most commentators agree that this will make little difference in practice given the ease at which and number of claims, for example discrimination, which can be brought from  day one of employment anyway.

A further review of the tribunal rules and changes to employment legislation.
Further consultation on procedural rules in addition to calling for further evidence on no fault dismissals for micro businesses and introduction of fees for anyone wishing to take claims to an Employment claims. This options here are proposals to introduce an initial issue fee and a further fee prior to a hearing. Alternatively, the introduction of a threashole of £30,000 so that those seeking an award above this level will pay more to bring claims.

In addition consideration will be given to whether the 90 day consultation period for collective redundancies should be reduced.

Early conciliation
A requirement that claims be issued with ACAS first. This enables the parties to be offered pre-claim conciliation before issuing claims at an Employment Tribunal. This proposal is welcome as early conciliation has already proved to be helpful in some cases.  

Financial penalties
 A discretionary power for tribunals to levy financial penalties on employers who breach employment rights.

Rapid Resolution
Further consideration to introducing a quicker, cheaper system to resolve low value straightforward claims.

Whistle blowing claims
Closing a loop-hole in the law that currently allows employees to claim that breaches of their own individual employment rights is a “protected disclosure” which can form the basis of a whistle blowing claim. This allows vexatious claims with potentially unlimited compensations from day one of employment. This a very welcome and sensible change as the legislation was never intended to give such protection.

The Final Score

Vince Cable  has indicated that these measures will deliver £40m a year in benefits for employers and overcome barriers to employers growing their businesses. There is no evidence to support that employment regulation does in fact deter growth and it is far more likely that the economic climate is the cause here. Although some of these proposals are sensible and welcome, there is still little detail on many proposals with yet more consultation to come (so the outcome of consultation is yet more consultation!). My overall view is that this is all a bit too little too late. Most disappointingly,  an opportunity to really push mediation as a cost-effective option which can provide real business benefits for employers has not been grasped as much as it could have been.

I was speaking recently at the CHC Conference in Cardiff where this topic was the subject matter of one the sessions. Asset Skills has recently undertaken a survey into why women are still underrepresented at senior levels in the Housing Association sector. The results of the survey did not generally support the existence of a glass ceiling but there was evidence that women lacked the confidence to put themselves forward for Board positions.

Immediately following the conference (in the hotel bar no less) I met a lady who was planning to come back into the workplace after a career break. She expressed real reservations and considered herself to be in a weak position compared to her male counterparts who would not have had a career break. Despite mine and others best efforts to convince her that she had just as much to offer if not more, I sensed the lack of confidence remained.

A few days later I came across an article in the Harvard Business Review which also suggested that women lack confidence compared to male colleagues. This article referred to research having been undertaken by reviewing performance assessments. In particular, “Having combed through more than a thousand 360-degree performance assessments conducted in recent years, we’ve found, by a wide margin, that the primary criticism men have about their female colleagues is that the women they work with seem to exhibit low self-confidence.”

This could be explained partly as a perception issue as  it was also observed that men sometimes interpret (or misinterpret) an inclination in women to share credit or defer judgment as a lack of confidence.  However other studies have come to similar conclusions.  A 2011  study published by the Europe’s Institute of Leadership and Management revealed that women report having lower confidence than men with regard to their careers:

I have been fortunate not to suffer from a lack of confidence in my career but experience and these surveys clearly demonstrate that many other women do. Coaching and mentoring could be of real assistance here. It is clearly not a question of capability but a need to help change some thinking and behaviours to improve levels of confidence both real and perceived. For further information about my coaching and  mentoring services please refer to my website www.alisonlove.co.uk