Speaking notes for difficult conversations

Prepare for a hard conversation at work. Pick the situation, add your facts, and get speaking notes with an opening, the points to cover, questions, how to handle reactions, what to avoid, and the legal guard-rails.

Figures checked 5 November 2026. Free to use, no sign-in.

The conversation

Your points

Speaking notes

Check before you use it

  • If performance may lead to dismissal later, the employee must have been warned about it and given a real chance to improve (s 387(e)).
  • Health, disability, pregnancy or caring responsibilities raised in the meeting need careful handling: adverse action because of them is unlawful (s 351).
  • These are notes for you, not a script to read out. Listen more than you talk, and take notes or have someone take them.
  • For a dismissal, serious misconduct or a redundancy, check your process with an adviser before the meeting.

Speaking notes: performance concerns

Employee[Employee name]
Meeting[meeting date]
Led by[Your name]
What you want from the meeting[e.g. agree a plan with check-in dates]

Explain specifically where work falls short of the standard, hear the employee’s view, and agree what happens next.

Before the meeting

  • Collect two or three recent, specific examples with dates, and the standard or target each one misses.
  • Check the role description, any targets you set and whether they had the training and tools to meet them.
  • Decide what support you can offer (training, a buddy, clearer priorities).

Opening

  • “Thanks for meeting, [Employee first name]. I want to talk about some parts of your work that aren’t yet where they need to be, hear your view, and agree a plan.”

Points to cover

  1. [Add the specific facts or points you need to make, one per line]
  2. Describe each example factually: what happened, what was expected, and the effect on the team or customers.
  3. Say what good looks like, in measurable terms where you can.

Questions to ask

  • “How do you see it?”
  • “Is anything getting in the way: workload, tools, training, or anything outside work you’d like us to know?”
  • “What would help you get there?”

If they react

  • They disagree with the examples. Listen, note their account, and check anything new before you rely on the example.
  • They become upset. Pause, offer a break or to reschedule, and mention the employee assistance program if you have one.
  • They raise a health or personal issue. Thank them, ask what adjustments might help, and pause the performance steps while you consider it.

Avoid

  • Labels about the person (“lazy”, “not a team player”): talk about the work.
  • Comparisons with named colleagues.
  • Threats about their job at an informal first conversation.

Closing

  • “To sum up: [the standard], [the support we’ll give], and we’ll check in on [date]. I’ll put this in an email so we both have it.”

Afterwards

  • Send a short summary email the same day.
  • Hold the check-ins you promised. If there is still a gap, move to a written improvement plan.

Highlighted text in [brackets] still needs your input. General information, not legal advice.

How this works

Each conversation has its own structure and guard-rails drawn from the Fair Work Act:

  • Procedural fairness for performance, misconduct and dismissal: the reason, a chance to respond, a support person and warnings (s 387).
  • The minimum employment period and notice for probation (s 383 and s 117).
  • Genuine redundancy and consultation (s 389), and award consultation terms.
  • Workplace rights for complaints and flexible work requests (s 341), and the 21-day response to flexible work requests (s 65A).

Your facts go into the notes as written. For the letters that follow, use the show cause letter, warning letter or termination letter templates. Nothing you type leaves your browser.

Questions

Which conversations does it cover?

Performance concerns, misconduct allegations, ending employment in probation, telling someone their role is redundant, consulting about a proposed change, responding to a complaint or grievance, and discussing a flexible work or return-to-office request.

Does the employee have a right to a support person?

There is no general right, but in any discussion that could lead to dismissal, unreasonably refusing a support person counts against the employer in an unfair dismissal claim (s 387(d) of the Fair Work Act). Under the Small Business Fair Dismissal Code the support person can’t be a lawyer acting in a professional capacity.

Can I end employment in probation without a reason?

Probation has no special status in the Fair Work Act. Within the minimum employment period (6 months, or 12 months for a small business) the employee generally can’t claim unfair dismissal, but notice, final pay, discrimination law and the general protections still apply, so the reason must not be unlawful.

Should I read the notes out?

No. Use them to prepare and to keep the meeting on track. Say the opening and closing in your own words, listen more than you talk, and keep a written record of what was said.

Questions the calculator can’t answer?

Workfloor answers pay, award, leave and termination questions for your team, with the Fair Work Act section or award clause behind each answer.

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