The Importance of Choice

by Joydeep Hor

Like most people around the world, this weekend has been very different for me to my usual weekends. In fact, this particular weekend was going to be one of the busiest weekends of 2020 for me across children’s activities, family commitments and supporting some of the wonderful organisations whom I have been privileged to sponsor over the years. By contrast, the weekend has been spent assisting clients with their various challenges at this time, a mid-autumn house cleanout and boardgames!

Actually, I quite like not having much to do on weekends. Like many professionals, my weeks are usually so busy and spending time with children such a rarity throughout the week that a weekend of “nothing” is a blessing of sorts.

But as I put finger to keyboard at 1 pm on Sunday perhaps the thing that I have found the most uncomfortable about the restrictions and guidance in place here in Australia (as is the case around the world) is that it has deprived me of my choice.

The thing that I have found the most uncomfortable about the restrictions and guidance in place here in Australia (as is the case around the world) is that it has deprived me of my choice

It’s not that I would necessarily have gone out to eat at restaurants for every meal of this weekend or that I would have gone to the beach and certainly not to any mass-gathering; it’s the fact that I have had restrictions placed on me and not been able to exercise my choice.

In an employment context, I have always advised my clients that wherever possible they should give employees the opportunity to choose. It is easy to forget that workplaces are usually places where there are adult:adult relationships rather than adult:children relationships. Managers (often supported by their HR Departments) too regularly communicate in a manner with their team members that, even if not deliberately so, comes across as parent:child. In many instances this involves depriving employees of choice. Things are presented as a “fait accompli” where choices have already been made for people, and often presented to them as being in “their best interests”!!

A number of different examples could demonstrate this point. Perhaps the most obvious one is at the point of exiting an employee. The law here in Australia usually looks favourably on an employer who gives an employee whose employment they are terminating the “opportunity to resign”. This is such a clear example of the importance of choice: the employee can choose whether they want to “be sacked” or be able to say to the world at large that they “resigned”. It is extraordinary that some employers still get caught up on this issue. My counsel to them is “why do you care?”. You have achieved the same outcome – in fact precisely so. The only reason why this can matter to an employer is if they are fixated on being vindictive towards the departing employee. It is no surprise that employees who are given choices when being dismissed are less likely to litigate against their employer.

It is no surprise that employees who are given choices when being dismissed are less likely to litigate against their employer.

At a less advanced stage of the spectrum, choice can also be very helpful in dealing with an employee complaint (for example, of bullying or harassment). More often than not such complaints, particularly of bullying, will not stand up to the legal definition of bullying being satisfied. The process and usually the outcome will be painful for all involved. I encourage responsible employers to act quickly to say to a would-be complainant “we have some options here … we can do a full-blown investigation and here is what that will look like … or we can think about another way of addressing your concerns”. Once again, the employee has been heard but more importantly they are given a choice.

At these times of pandemic as much as ever, employers need to wherever possible remember the importance of choice for their people. Governments have already deprived so many people of choice and themselves have had little choice but to do so. At times when employers are considering stand-downs or more serious measures, the better employers will be constantly challenging and re-challenging the choices they can give to employees. Not that choices will necessarily be pleasant but even having to choose between two painful options is better than having one painful option imposed.

This article was published originally on LinkedIn.