How your boss should talk to you, according to the law

Employers do have some legal requirements to consult with employees

For an employer, letting employees know about how changes could affect them makes business sense (iStock)

It’s not like you have to agree with your employees. You don’t even have to clean your ears out for them (though you would be foolish not to). But can’t you tell them about the business and any important changes around the corner? As an employee, it must be so demoralising to learn through a group email that a new department head has been appointed or that your direct report has resigned.

Would a quiet word before have done any harm?

What about consulting with employees? Employers do have some legal requirements to consult with employees – mainly prior to dismissing them. The obligations usually kick in after the employee has two years’ continuous service.

Generally, only employees with two years’ service may bring unfair dismissal claims and before then, provided they don’t breach discrimination law, employers have more leeway.

To successfully defend an unfair dismissal claim when the employee, for example, has been made redundant, the employer must have consulted with the employee. The employer should have explained the rationale for the proposed redundancy.

The employee must also have been given an opportunity to put forward their views before any decision was reached. In some other dismissal cases, such as those involving damage to reputation or complaints from third parties, again, any failure to consult could result in the dismissal being held unfair.

How about general lack of communication during employment though? What if a junior employee is not told, personally, about a change in line manager?

Or what about if a manager learns from one of their direct reports that a new department head has been appointed? Or supposing all team members, except one, are told about a new marketing strategy? Does an employee have any redress?

Each situation is always going to be different, depending on the context, but a key question would be whether there has been any breach of trust. If there has been a fundamental breach of contract by the employer (which could include breach of the implied term of trust and confidence) an employee with at least two years’ continuous service could resign (because of the breach) and claim what’s called constructive unfair dismissal.

These types of cases are often difficult to bring and employees should seek advice before resigning. There may be other claims, too, such as for discrimination.

But if you’re an employer out there, here’s the thing. Regardless of whether you have any obligation to do so, letting employees know about how changes could affect them makes business sense. And it makes business sense because showing employees respect and keeping them in the loop are worth their weight in gold.

Matt Gingell is a partner at Gannons Solicitors, and specialises in employment law. Read all of his articles at www.mattgingell.com