Looking for some advice. Sorry, this is a long one..
We have a senior member of staff who is unhappy about the way he is being managed (by the Head of the school). He has come to me to say that he feels undermined, gaslighted etc etc. I have had many conversations about this with the member of staff and have advised him of his options (including taking out a grievance if he could not resolve informally). He asked me to feedback his concerns to the Head (he did not want to do this himself) and we then eventually (with reluctance on the employee's part) arranged a meeting to discuss these concerns with the Head with me present. The employee asked to bring someone to the meeting, I explained it was not a formal meeting but if he wanted someone there for support that was fine. He brought his wife.
In this meeting, the Head put their view, the employee put their view. There was not any agreement - the staff member says they feel singled out/excluded/undermined by the Head, the Head says they are running the school and managing their team, and that they do praise the work this member of staff does. (There is no capability issue, but there appear to be ongoing issues with this staff member's relationships with other staff, which were highlighted in a 360 appraisal conducted by an external source, which the employee has refused to sign).
In the meeting, the Head ended up saying that the employee should take out a grievance if they still felt the way they did. I calmed the waters by explaining that this was an option but only if all other options are exhausted. I am now going to have a follow up with the employee. The Head feels that the relationship has broken down and that they cannot sustain working together. The employee has mentioned constructive dismissal to me already. I am going to ask the employee if they can see a way forward. The Head wants me to moot the idea of a protected conversation - this is what I'm looking for advice on. If the employee says they cannot see a way forward, can I ask if they think the relationship has broken down and whether they would want to ask for a protected conversation. I don't want to fuel any constructive dismissal claim so I'm looking for advice on what others would say in this follow up meeting. I don't think the employee will take out a grievance as he's already said it would be pointless.