WORKSHOP AGENDA
8:30
Registration
9:00
Addressing Performance Concerns in a Challenging Economic and Legal Climate
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Managing performance while balancing accountability, fairness, and rising employee expectations in a challenging environment
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Identifying risks related to burnout, disengagement, and workplace stress
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Identifying challenges in tracking productivity, accountability, and engagement when employees are not in the office
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Addressing performance issues without triggering unfair dismissal, bullying, or adverse action claims, including considerations for neurodiverse employees and those with unique workplace needs
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Implementing a clear, legally sound approach to resolving issues by supporting both employees and business needs
10:00
Interactive Exercise
Scenario: An employee, new to the workforce, struggles with anxiety and disengagement after increased workloads due to cost-cutting measures.
Discussion Questions:
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Is the increased workload a reasonable expectation, or does it create undue pressure?
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How can HR ensure performance standards are upheld while considering the employee’s needs?
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How should HR address the legal risks if the employee makes a stress claim or an adverse action complaint?
10:30
Morning Tea
11:00
Understanding People is Understanding Business
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How HR can support managers in handling performance challenges effectively and confidently while ensuring fairness and legal compliance
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Managing the employment relationship, including out-of-hours conduct, the right to disconnect, and social media activity in a modern workplace
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Recognising burnout and disengagement in modern teams and addressing them without fear of legal repercussions
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Differentiating between stress and burnout, and true underperformance in a flexible work environment, and preventing the loss of valuable employees due to poor management of modern work challenges
12:00
Group Discussion
A brief group discussion on how HR should respond to controversial social media posts regarding company cost-cutting and workplace changes while balancing legal risks, reputational impact, and employee rights in today’s highly connected world.
HR Challenge: An employee posts about cost-cutting measures and burnout on social media, alleging the company is only focused on profit. How should HR respond?
Discussion Questions:
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Does this post pose a reputational risk, or is it protected speech?
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How can HR manage the conversation while ensuring legal defensibility?
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What steps can HR take to prevent escalation into formal grievances?
12:15
Networking Lunch
1:15
Applying Effective Communication Styles
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Using DISC to understand communication styles and navigate difficult performance conversations
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How to use communication styles to align employee expectations with organisational performance standards
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Coaching managers to separate complaints, use of leave, request for flexible arrangements and the exercise of other workplace rights from performance conversations
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How to facilitate more constructive conversations about burnout and work-life balance while ensuring accountability and addressing slippage in performance standards
2:15
Roleplay Exercise
Practice navigating a tough performance conversation with a disengaged employee who is struggling to meet expectations due to burnout or unrealistic demands.
Interactive Roleplay:
A modern team member has become withdrawn and disengaged after hearing about an impending restructure and change management process. They are working from home relying on a medical certificate and are refusing to come back to the office at all. They don’t switch on their camera during virtual meetings, stop contributing ideas, and take personal leave each time there is a discussion about performance concerns and some form of return to the office. Other team members feel like they are walking on eggshells around them.
Roleplay Objectives:
Apply the most effective communication style and approach to rebuild trust and meet the business’ needs. Identify and mitigate legal risks, including potential stress claims, unfair dismissal, and psychological injury claims, while achieving the right outcome.
2:45
AfternoonTea
3:15
Navigating Crucial Conversations & Managing Legal Risks
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Conducting performance conversations effectively while managing the rising expectations of employees for flexibility, work-life balance, and meaningful work
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Addressing misaligned performance perceptions in a climate of increased expectations without triggering legal consequences
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Helping managers manage the performance challenges of modern employees, such as anxiety, burnout, and disengagement
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Using crucial conversations to avoid legal claims, including unfair dismissal, general protections, bullying, and psychological injury or stress, while justifying reasonable management actions
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Steps to take in the event of legal claims or grievances
3:45
Putting Performance Processes into Practice
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Overcoming the challenges of traditional performance appraisals and underperformance management in the context of modern employee expectations
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Aligning managerial and HR effectiveness with acceptable standards for the organisation without compromising accountability
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Avoiding complex performance or disciplinary processes that are ineffective
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What tools can HR implement to ensure legally defensible and effective performance processes to minimise potential legal risks and drive the right outcomes?
4:15
Interactive Roleplay and Email Writing Exercise
Practice a crucial performance conversation and draft legally sound emails to document performance issues, ensuring clarity, compliance, and legal defensibility.
Handling a Crucial Performance Conversation
Participants will engage in small-group role-plays to navigate a challenging performance conversation. Each scenario reflects real-world workplace issues, such as underperformance due to economic stress, job insecurity, or increased workloads. Acting as both managers and employees, participants will practice addressing performance concerns while balancing fairness, engagement, and legal defensibility.
Crafting Tailored Performance Communications
Following the role-play, participants will draft a performance-related email summarising key points from the conversation. The exercise will focus on:
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Clearly documenting expectations and next steps
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Using legally compliant language to minimise risks
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Maintaining a supportive yet firm tone to drive accountability
Participants will then exchange emails for peer feedback to refine their approach.
Facilitator Insights & Group Discussion
The session concludes with expert guidance on best practices for handling performance discussions and documenting issues effectively. Attendees will leave with practical strategies to ensure performance conversations are constructive, legally sound, and aligned with business objectives.
5:00
End of Workshop