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Sometimes an article proves too big a topic, so this one I’ve had to chop into two. So this one is about how you shouldn’t be automatically assume a representative will be a problem; an outside spanner to your otherwise working machine of a meeting. I talk about the difference between support people and representatives elsewhere (see here) so from here, I’m only going to use the representative term, but I essentially mean both.

They are just people

The representative doesn’t have special powers. They aren’t the legal cavalry that comes in save the situation for the employee. Cast aside every police procedural film or series you’ve watched- where the legal counsel comes in, takes over, and shuts down the cops who weree getting to the truth, by ‘casting a legal spell’ (endo interrogatum?) over the situation and allowing the suspect to retreat into smug silence.

What they do

To keep it really simple, they help, they support, they ‘spot’ the employee- helping, and catching them if they are struggling. They can jump in to help, to rephrase, to convey what might be missing. They can’t stand in the way of direct communication, but they can add to it.

Can they speak for the employee?

They can talk, but they can’t do all the talking for the employee. You can insist that you want to hear from the employee, so you can ask them politely to ‘step aside’ in the discussion, so you can hear from the employee. Will they answer? How much you can compel the employee to talk is a different question (someone can choose not to open their mouth and speak)- but we aren’t a situation where an employee can plead the 5th, or invoke a right to silence.

They can say things the employee would rather not say

This is something important that is not as evident as you’d think. There are some things it’s not a good idea for the employee to say. If the employee is really fighting the situation, then this can be damaging to their ongoing relationship with the company, but coming from their representative it’s less damaging to these connections. The representative can play bad cop, so the employee doesn’t have to.

If they are admitting fault and seeking forgiveness, then the representative can help with this too. To use an extreme example to demonstrate the point, this works particularly well if they bring their mother (‘he’s very sorry, he understands what he’s done wrong and we won’t be seeing that again, will we junior?’). Another voice describing understanding and promising redemption helps sell the story of contrition and change the employer wants to hear.

They can be a good listener

Sometimes the best thing a representative can do is listen. By listening, they can hear two things; where the employee is going wrong, and what the boss wants to hear. Sometimes the employee picks the wrong strategy for the situation, or digs a bigger hole. By listening to the situation, the representative can read the room. They can sense what isn’t working, what is working, and help the employee find a good path to what they actually want in the long term- which can be helpful to everyone.

They can be an ally

We see this most with friends, family and co-workers. People unfamiliar with the role of representative are likely to listen to the situation and see both sides, which means they can persuade the employee to see our side. This is particularly when the employee’s behaviour is more emotional than rational. But don’t try and persuade or recruit them- this will make your employee feel more threatened, but if you see them nodding or agreeing with you, recognise that they can help your employee get back onboard the bus.

Call a time-out

A representative can ask for adjournment. By asking for an adjournment, they can take stock, re-evaluate the situation, discuss problems and consider options. Or just defuse a tense situation. To use a boxing analogy, they are the corner person, and they can ring bell if the employee is on the ropes or in the process of dealing themselves a knockout blow.

They can broker a deal

A representative can be an unofficial channel of communication to sort out a deal. Sometimes through a chat prior to the meeting, in-between meetings, or in an adjournment, they can get the lay of the land, and get some guidance on what options the employer would be happy to consider, but can’t table.

I’ve had quite a few ‘off the record’ conversations with representatives when I’ve given them the steer of what (in my opinion) the employee’s best option is. This could be ‘the relationship isn’t broken, we can keep working with X, but we need some confidence that they won’t do this again, so some acceptance and undertaking to change is needed here’, or ‘this is going to be a long performance management road for all of us, we could consider settlement options if X is interested’. Obviously, this is complex stuff with quite a few risks if done wrong, but it’s much easier when talking to their representative than the employee themselves.

Surrogate witness for the workforce if a co-worker

Confidentiality can be a real curse for the employer. We know that everyone knows about some things, and that the rumour mill will be ticking along, but we can’t explain to everyone what we did about it. This can be quite frustrating, because a lot of things we want to set a precedent for, and we want everyone to know what we take seriously. If the representative is a co-worker, it is more likely that word will get around that the behaviour in question will get you into hot water.

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Straightening or derailing-how representatives can be forces for order (part 1 of 2)