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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer has done a formal performance review on capabilities.

Customer Question

Hi
My employer has done a formal performance review on capabilities. I think the process has been unfair and the informal review wasn't following the Trust policies and is giving me unnecessary stress. I have the e-mail trails that shows the details. I belong to the union, however they are not able to represent as some of the event are before the join date (17/10/15). Would you recommend me to contact a lawyer to look into my situation?
Many Thanks
Marisa
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you firstly tell me the length of service with the trust and have you raised a grievance please.
Customer: replied 1 year ago.
HelloIt will be two years on 20/01/16. I haven't started a grievance. Although when I spoke to one of the HR advisor, they suggested that
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Using a solicitor at this stage is going to be a rather pointless exercise as the issues are internal and the employer is not required to deal with a solicitor. One can only really get involved if there is a formal claim being considered or pursued, such as through the employment tribunal. You would really need to pursue this matter internally, such as through the employer’s own grievance procedure. If a lawyer tries to get involved, the employer can refuse to deal with them if there is no formal claim taking place and you will just be wasting your money on them. As far as a claim is concerned, the failure of an employer to conduct a fair performance procedure does not in itself give rise to any claim. It could prompt you to resign and make a claim for constructive dismissal but you can only do this if you have more than 2 years’ service, which you do not currently have. There is the potential of making a discrimination claim if the reasons for you being treated unfairly are due to a protected characteristic, such as a disability, or your gender, age, race, religion, but you would have to show that these are the reasons for the employer treating you detrimentally re due to these factors. If that is the case, then you could consider making a claim in the tribunal for discrimination, which does not require any minimum service, and a solicitor could get involved in the pre-claims process. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your answer. Do you mean "formal claim" a grievance procedure? If I start a grievance procedure against my employer, could I get a lawyer to represent me in the interview process? Would it make any difference if I make the grievance on the 20/1/16 (2 years service)?
Many thanks
Expert:  Ben Jones replied 1 year ago.
Hello, by formal claim i mean a tribunal claim, which is different to a formal grievance. You cannot use a lawyer to get involved in the grievance process, it is an internal matter. It makes no difference for the grievance how much service you have but it is a requirement for the claim in the tribunal

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