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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Good afternoon I would like to ask if I need to seek legal

Resolved Question:

Good afternoon
I would like to ask if I need to seek legal advice if my appraisal was negative and unfair.
I am working for the company over 3 years and I have meet all my quarterly objectives - scored each time over 90% up to now.
The company going through transformation and I have new boss who I think is bully. One colleague already left because of him.
I would like to know what are my rights. I would like to do right thing as I dont want the situation worsen.
thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How exactly do you believe the appraisal was negative and unfair?
Customer: replied 2 years ago.
Well i have answer questions and write down everything what i done for the company over the year... In managers answers was not reference to any of my comment just negative things said about me which i feel are not true and unfair... If i send the copy of it would it helps to advice me what is the best way dealing with it?
Expert:  Ben Jones replied 2 years ago.
There is little point in looking over the appraisal as I do not have any information on how the employer arrived at that and this is really something which can only be dealt with internally, not via any legal routes at this stage. What would be important to consider is how does such an appraisal affect you at work - is your pay affected? Any other way that you job may be affected by this?
Customer: replied 2 years ago.
Yes my job and pay is affected. What are u suggesting to do? Just have meeting with the line manager who is there from September and done my annual appriasal? How someone can judge my performance when actually he wasnt there whole year and at the begging actually i wasnt give any tasks or objectives to begin with. Thia is something new from March this year. Last year we have not such a formal thing. With my previous manager we had informal discussion every 3 month. I had also got payrise which reflected my good work done. There was trust between us which is gone. Please can you let me know what would you do if you are in my place and it is your carrer jeopardised.
Expert:  Ben Jones replied 2 years ago.
The first step would be to challenge this internally. The most common way of doing so would be through raising a formal grievance with the employer. This would require them to formally investigate your complaint and deal with it. If you are unhappy with the outcome then you could appeal it. After that it is a matter of looking at this as potential constructive dismissal, which occurs when the following two elements are present:{C}· Serious breach of contract by the employer; and{C}· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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
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