Why Joan Rivers is a good role model for employers - Blair Duncan

Many years ago, I saw Joan Rivers at the Edinburgh Festival. She was funny, frank and honest about her life. While, of course, her comedy could be cutting and acerbic, and not necessarily suitable for a workplace, I think one of her famous sayings is useful to all employers: “Can we talk?”.

She frequently used this catchphrase during her stand-up as a way to say, can we talk openly to say what we really think – which serves as a useful motto by which employers should live.

Getting away from comedy and back to the world of employment law, I frequently see employers put off difficult conversations. In doing so, they hope, in the words of D:Ream, that things can only get better, or they simply bury their heads in the sand, cross their fingers, and hope everything will be ok.

That is probably because nobody wants to be ‘bad cop’ and have to deliver difficult news, such as about performance or conduct, but by not doing so you are simply delaying the inevitable and may end up making things much more difficult for you or your organisation further down the line.

​Joan Rivers’ acerbic brand of comedy may not be suitable for the workplace, but her motto about talking openly is one that should be heeded (Picture: Kevin Winter/Getty Images)

I have seen cases where employers have ‘had enough’; they have put up with behaviour or poor performance for so long thinking, or hoping, it would improve and finally they decide to deal with it. Sometimes this is by saying that the person is not right for the organisation and therefore they need to be ‘exited’ (dismissed).

Often by this point the person has accrued two years’ service (when unfair dismissal protections generally kick in) and doesn’t know of any problem with their performance. In fact, they think that their performance is great. They have passed the probationary period, after all. Dismissal is not impossible in those scenarios. But, if you are looking at capability (such as where there is poor performance) then the process to dismiss could be long, because time has to be given to allow the person to improve and for that to be fairly monitored and assessed.

Had the employer said, “can we talk”, à la Joan Rivers, at the first sign of those issues so as to address them at that stage, rather than do an unintentional impression of an ostrich, then things would be much easier for them.

This applies even more so with home or hybrid working where employers sometimes say that “remote working does not work” and that is because the employee is less productive or exhibits poor performance while working at home. That may be the case, but it can also be because clear expectations are not set and regular feedback is not provided that problems develop and, because they happen at a distance, are not addressed and get worse. With good systems in place such issues could have been addressed early.

Blair Duncan is a Solicitor at Blackadders.

Of course, there are always exceptions to rules but in general I find that if good communication structures exist, clear expectations are conveyed, and feedback is given promptly - rather than when issues get worse - then many difficult and costly scenarios in organisations can be avoided.

Be more Joan. Say “can we talk” at an early stage if you encounter problems or concerns. Then you’ll be laughing - and not just because of her comedy.

Blair Duncan is a Senior Solicitor, Blackadders LLP