In business, if the content of meetings are not recorded formally, employers are potentially leaving themselves open to misinterpretation resulting in what could result in an expensive tribunal.
Marketing Stockport’s FREE advice line can help businesses understand what is required and therefore potentially avoid unnecessary disruption.
In a recent case an employee made a claim that simply was not true because they misconstrued a meeting and the action points. As the minutes of the meeting had not been taken, there was no paperwork to support either party which, in this case, resulted in a claim for unfair constructive dismissal being upheld.
Similarly, it is important to document verbal actions, for instance such as a verbal risk assessment; if not, there is an even greater risk of an employee making accusations that cannot be defended.
Andy Mill of Avensure suggests taking notes:
“It is the details that matter and, particularly, the written details, especially the minutes of meetings.
“In the case outlined above, the employer failed to convince a tribunal what was really agreed in the meetings. Without written contemporaneous evidence, anyone would struggle, and that’s why the minutes and records of meetings and agreements are important.”
Advice
Taking minutes is essential to most meetings, not only for recording purposes but also for follow up action, next steps, and possible disciplinary action that may ensue.
The first rule with meetings is to have a minute taker with you who is responsible for taking accurate minutes of the meeting. The minutes do not necessarily have to be word for word but the most pertinent points, plus the agreements reached or actions taken, should be recorded.
Meeting minutes can be long and detailed, or they can be short and to the point, depending on the nature of the meeting. In situations of critical importance, and where the record is important, you may need to take detailed minutes. When this isn’t the case, minutes can be simple lists of decisions made and actions that need to be taken (with the responsible person identified).
Even if you have minutes but they are inaccurate and you can’t rely on them, at least the minute taker can act as a witness to what was agreed/discussed. This is not ideal but it is better than a one-on-one meeting, which is often one person’s word against the other.
If you have time (and they are legible) ask the employee to read and sign the handwritten minutes to confirm they are accurate. After the meeting, the typed minutes should be checked with the person who chaired the meeting to confirm accuracy and then circulated to all attendees and anyone else affected by any decisions taken at the meeting. Make sure that you retain both the handwritten and typed minutes on file.
Andy continues:
“From a legal perspective, the paperwork and the records of meetings are crucial to record an accurate version of events and will, in legal proceedings, go a long way to support assertions. It is crucial to have records on file to protect the business.
“You may not realise it at the time but there is more in a minute than you first think, which often increases in worth several months after the event.”
For detailed advice on taking minutes, or any other HR/Employment legal issue, please call the Avensure team for free advice quoting Marketing Stockport on: (+44) 800 912 7152