Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?
have you appealed the warning?
Hello, did you get my reply?
No I haven't
ok thanks let me get my response ready please
How an employer treats employees when it comes to assessing performance is generally an internal affair and it is the employer that decides what rules and procedures are to be followed. As you can imagine, different industries and sectors could have entirely different ways of performance assessment and management, hence why the employer retains the general right to undertake the necessary procedures as they see fit.
I would nevertheless agree that if you are appraised personally in your appraisal and it comes out satisfactory, just because someone above you performs worse in their appraisal it should not affect your own outcome. That is on the condition that no new information has come out at their meeting which could influence the outcome of yours.
The key rights would really kick in once the employer consider moving towards potential dismissal because if they were to rely on the performance procedure to instigate a dismissal they would need to ensure that a fair procedure has been followed.
In order for a dismissal for poor performance to be fair, an employee must be warned that they need to improve, be given reasonable targets for improvement within a realistic timescale and be offered appropriate training and/or support during the monitoring period.
Generally, the reasonableness of such dismissals would be measured against the following criteria:
The above are just examples and what a tribunal would generally look for when deciding the reasonableness of a dismissal. If there is a genuine belief or evidence that the employer has acted in a rather heavy-handed manner and not satisfied at least some of the above requirements, the dismissal could be challenged.
Until then you are left with internal appeals against formal sanctions taken against you, as well as a potential grievance against the employer if necessary.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks