Bringing in others.
WHEN TO INVOLVE SOMEONE ELSE
Allegations of harassment, discrimination or bullying Anything potentially unlawful Where you are a party and cannot be objective Where the parties are senior Where previous attempts have failed Where the matter is affecting others broadly
WHY THOSE FIRST TWO ABSOLUTELY
They carry legal consequences and they require proper process.
WHO TO INVOLVE
Someone more senior A human resources function, where one exists An external adviser or mediator A solicitor, where there is legal exposure
WHAT TO ESTABLISH BEFORE ESCALATING
What has already been attempted What the facts are What outcome is sought
WHY
Escalation without preparation produces delay and it appears as an inability to manage.
WHAT TO PROVIDE
A factual account, and the records.
WHAT TO AVOID
Escalating to avoid a conversation you should have Escalating in anger Presenting one side only
WHY THAT LAST POINT
It is discovered, and your credibility is affected.
WHAT EXTERNAL MEDIATION PROVIDES
A neutral party where trust has broken down.
WHEN IT WORKS
Where both parties want resolution and neither trusts the other's neutrality.
WHEN IT DOES NOT
Where one party will not engage Where misconduct is alleged Where the imbalance is too great
WHAT TO ESTABLISH ABOUT LEGAL ADVICE
When it is needed.
WHAT SITUATIONS WARRANT IT
Dismissal being considered Discrimination alleged Threats of legal action Anything involving statutory rights
WHY EARLY
Advice after a decision is made is frequently too late to change the outcome.
