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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50164
Experience:  Qualified Solicitor
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I would like some advice about performance management reviews

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I would like some advice about performance management reviews and where I stand. My boss has stated she gave me an informal review but this was never documented and any conversations over the phone were never stated as just. I have been sent a letter stating that this would be formal and a document for discussion was sent. I have had my first formal meeting which included my boss, a note taker, a representative of my choice and myself. We went through the points and I could substantiate that these were not as is (I have back up evidence in the form of emails). Although my boss had to back down from most of this I still ended up with objectives which needed to be met. I stipudly signed these more through I didn't feel I had a choice as I was being told this is what happens. On reflection I now feel this has left me wide open to be performance managed out of the business. I have been given another date to attend my next formal meeting which is in 7 weeks time (1 week of this I will be on holiday). I also have a lot of events which i have sent emails to myself which detail forms of bullying too What should I do next? I am on a highway to nothing?
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. firstly can you tell me how long you have been employed there please.
Customer: replied 2 years ago.
I commenced work at my current employment 10 March 2008
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.
Many thanks for your patience. You have a couple of options here really. One is to challenge the situation now and hope that it resolves the issues, in a sense that the employer changes their tactics and perhaps eases off on the performance issues, the other is to let them go through what they intended and challenge the outcome. It is impossible to say which is the better way as neither can guarantee a successful outcome so you need to decide what the employer may respond to best, ***** ***** you can determine as you would know the employer best.So the first way is to raise a formal grievance and pursue it internally via that route. You can formally appeal the outcome of the grievance if you are unhappy with it. If you are still unhappy wit the situation you could consider resigning and claiming constructive dismissal as a last resort. If you were to let them proceed with the performance procedure then you could challenge it along the way or if they eventually dismiss you as a result. I will explain the law surrounding this below so you can determine if they have followed a fair procedure and what you can do if they have not.An employee's poor performance is a potentiality fair reason for dismissal under the Employment Rights Act 1996, as it would amount to lack of capability. This should be assessed by reference to an employee's "skill, aptitude, health or any other physical or mental quality" and must relate to the work that they were employed to do. 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:• Did the employer have reasonable belief in the employee's incompetence;• Was the situation investigated and was the employee given the opportunity to voice their side of the story;• Was the employee aware of what was required of them in terms of satisfactory performance;• Were steps taken to minimise the risk of poor performance through training, supervision, etc;• Was a proper appraisal conducted and was the problem identified in a timely manner;• Was the employee told of the consequences of failing to improve and were they actually given the chance to improve their performance;• Did the employer consider offering alternative employment.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.The first step is to appeal directly to the employer within the allocated time for an internal appeal. After that the only viable option is to consider a claim for unfair dismissal in an employment tribunal, subject to having at least 2 years' continuous service. There is a strict time limit of 3 months from the date of dismissal to issue such a claim.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
Customer: replied 2 years ago.
Thank you for the above. The above options at the moment sound very daunting. Can you let me know whether any of the following make my position worse or better. My bullying. Most of this will be my word against my boss although I do have some evidence. I have also been seen by my occupational health adviser and she has stated I am suffering from severe depression. Also how do you measure someone's incompetence - by how many mistakes they make? Apologies for so many questions.
Customer: replied 2 years ago.
Sorry I also forgot to mention - through governance my direct report, title and responsibilities changed in February this year - is there anything I should be aware of because of this?
Hello, if you were bullied and have some evidence of that then it should hopefully help you if you can also try and link the bullying to the performance procedure by showing it was perhaps part the bullying. Measuring someone's performance can be done on a number of different grounds, it may be through appraisals or evaluating your performance against set criteria.
As to the changes to your role I can't comment specifically as I don't know if the employer has done this with something in mind or if it just happened to be a change which was going to happen anyway. So don't worry too much about it at this stage. Hope this clarifies?
Customer: replied 2 years ago.
Sorry to keep asking questions. My change of role was to align me and others that do my role to our parent company. All I received was a letter that stated my title has changed. The internal memo to go with the new title was very fluffy. No additional training has such been given. When I have questioned this I have been told it is on the job training and any support that I ask and none of this has been written anywhere.With the bullying would I also have to rely on witnesses as everyone is scared for their on jobs to do this.Does the report from my occupational health staring I am severely depressed due particularly to events taking place over the last 2 months not help me? She has stated in her report it is to do with work events and not home related!Sorry to be a pain.
Witnesses can help but are not mandatory so if you have people willing to back you up then it will be useful but it's not the end of no one is willing to. As for the report then if the depression was work-related and especially if it can be linked to the bullying then that an indeed help too
Customer: replied 2 years ago.
Sorry Ben. Just another point. In my stage 1 performance management review meeting. I was told that there would be a person note taking as this couldn't be recorded. Is that true can this process not be recorded as it would be more sensible. When I look back at the notes you would wonder on occasions what the notes were saying. I did say this at the time and got told that this wasn't a script and therefore only notes. I have signed these notes which I wish I hadn't - can I send a note to all parties stating my concerns? I believe my company have signed up to be ACAS - does that make a difference.
It is not a legal requirement to have a note taker - it is advisable and can help but not legally required. Similarly, there is no restriction on recording the meeting - if all parties agreed to it then it could have been recorded. If you have concerns about the content of the notes then yes by all means you should raise these to make whatever corrections are necessary. Also a company does not sign up to ACAS, all employers are bound by some of their codes but it would not make a difference here
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