Hi, sorry I was offline by the time you had replied earlier.
Going back to your query, it is possible to be subject to performance reviews, even if you are training. There is no law which says that cannot happen. Your rights will mainly depend on what the employer does as a result and if they take any more formal action, such as dismissal. That is when things could be looked at in more detail and whether their actions were fair.
Generally, the reasonableness of action for poor performance would be measured against the following criteria:
· Was the situation properly investigated and the alleged poor performance issues identified – this would include looking at the employment contract, training records, appraisals or other performance monitoring criteria
· Was the employee made aware of the problem and given realistic timescales to improve
· Was the employee provided with the necessary support or training
· Was the employee’s progress reviewed during the monitoring period
· Was the employee told of the consequences of failing to improve during the monitoring period
· Was alternative employment considered to avoid the need for formal action, such as dismissal.
None of the above are dependent on whether you are training or not, but common sense and reasonableness would dictate that if you ate training, the expectation should be lower and the employer should at least give you opportunities to improve before they consider official disciplinary action.
Does this answer your query?