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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I would like to know if it is legal / appropriate to downgrade

Resolved Question:

I would like to know if it is legal / appropriate to downgrade a job appraisal mark because I made a complaint of bullying against another member of staff?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you tell me how long you have been employed there and have you past your probation period please.
Customer: replied 2 years ago.
I have been employed for 7 years and am past the probation period
Expert:  Ben Jones replied 2 years ago.
Thank you for that information please leave this with me and I will get my advice ready for you on how to proceed with this. I will get back to you ASAP There is no need to wait on here I will email you when ready regards
Ben.
Customer: replied 2 years ago.
Thanks, ***** ***** let you know I brought a bullying complaint about 6 months ago, and decided to go down the informal complaint route. My managers did not follow the appropriate procedure as documented in the policy guidelines and I was basically told to 'let it go' and to accept that it was as much my fault as the other party's.
I was told today that the issue raised by me bringing a complaint led to a negative attitude, and I would therefore not get a top performer mark.
As far as I'm aware bullying is a health and safety matter and should not be counted against me
Expert:  Ben Jones replied 2 years ago.
I agree that your appraisal should not be affected because of your complaint. There may be circumstances where this could happen, for example if the complaint was malicious and that could affect your integrity but this is not the case here. You are effectively being penalised for bringing valid issues to your employer’s attention. This is unfair and unreasonable and it would be even more of an issue of your employment is in some way affected by this, such as having a negative impact on potential promotions or eligibility to benefits such as bonuses.
You are able to challenge this through the grievance procedure if necessary and it should be investigated and hopefully the original assessment in your appraisal reinstated. If you disagree with the outcome you could also appeal that. If the appeal is rejected then in afraid to only really have one possible option to take this further and that is to resign and claim constructive dismissal. In this is analyst resort option as you can imagine so should not be ta***** *****ghtly and is really only something to be pursued as a last resort.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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