Without prejudice

So you’ve got consent to have a Without Prejudice conversation with your employee. What do you actually say? 💬

A good Without Prejudice discussion is structured, calm and respectful. It usually starts by clearly confirming the nature of the meeting and that everyone has consented to have this type of conversation. That clarity matters.

From there, it’s about briefly acknowledging what led to the discussion, without getting pulled into the detail of any disciplinary, performance or restructure process. The purpose of this meeting is different. It’s about exploring alternatives.

Often, that means putting an option on the table to mutually agree to conclude the employment relationship through a Record of Settlement. These agreements can include both non-monetary terms, like end dates, references, return of property or restraints of trade, and monetary terms, such as notice, accrued entitlements and, where appropriate, compensation under the Employment Relations Act.

Handled well, this approach can be discreet, dignified and time efficient for both parties. It gives people space to consider their options, usually with support, and allows for a respectful exit without the stress and risk of a long formal process.

If you’re looking for a considered, one-off way to resolve an employment issue and you want to avoid an expensive constructive dismissal grievance, DM me anytime. I’m happy to help talk you through it. 😊

✉️ lisa@peopleassociates.nz

📞 027 573 5483

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