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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47880
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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What are my rights if my performance at work has been assessed

Resolved Question:

What are my rights if my performance at work has been assessed by an unqualified assessor and without my knowledge?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long you have been with your employer please.

Customer:

Good morning Ben,

Customer:

Good morning Ben, I have been with my employer for 18 months. I am having difficulty accessing my Gmail account so could you please reply to: *****@******.*** Thanks, ***** *****

Ben Jones :

ok thank you.leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Thanks Ben.

Ben Jones :

Hi sorry I tried to contact you earlier just to ask another couple of follow up questions but not sure if they came through so will try again - what are the repercussions of this performance assessment, is the employer trying to take formal performance/disciplinary action against you? Is your job at risk as a result? Thanks

Customer:

Hi Ben, the poor performance review will in the best case see a reduction in my performance bonus and in the worst case see me made redundant as part of company down sizing.

Ben Jones :

Thank you. Is there a specific performance policy in work that details how such assessments are to be made?

Customer:

Not that i have seen, i was read my mid year appraisal and i was assessed without my knowledge by a work colleague who does not hold any formal assessment qualification.

Ben Jones :

Thank you. The main issue you will find in this situation is your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).


 


So if this results in your redundancy, there is very little you can do to challenge their actions because you simply do not meet the minimum criteria required to do so. All you can expect is your notice period under contract and any accrued holidays.


 


However, if this results in you keeping your job but your bonus gets affected as a result, that would potentially be a breach of contract matter. Saying that, it mainly depends on what you are entitled to under contract and what the employer can do to amend that. If your contract allows you to receive a bonus based on certain criteria and you have met that criteria, unless they have a clear policy which allows them to change this entitlement based on your performance, they could be acting in breach of contract and you could still try and pursue this bonus entitlement regardless. But it would not unfortunately affect your rights in keeping your job, so even if you are protected against losing the bonus, even challenging that could prompt the employer to terminate your employment, for example if they see you as a difficult employee for raising all these issues with them.

Ben Jones :

Regardless of any of the above, you are still legally entitled to challenge these issues internally through raising a formal grievance with the employer - this is a basic employment right which you can use at any time

Ben Jones :

I just need to go offline for a short while but please post any follow up queries you may have ere and I will answer as soon as I return, thank you

Customer:

Thanks Ben, that is great. My only query would be can an unqualified assessor conduct an assessment that impacts upon my performance, would the assessment be legal?

Ben Jones :

The employer can use whoever they want - this is an internal matter for them to decide, there is no law that says an unqualified assessor cannot legally copnduct such an assessment.

Customer:

That is great Ben, thank you for your help.

Ben Jones :

you are most welcome, all the best

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