Performance Reviews - can I refuse ?

UtiliBill

Hello, I’m 55 years old and have worked for a large, major energy utility company for 24 years. Like many others I take part in a ‘performance review’ process. It has a yearly cycle in 3 stages:- setting objectives, a mid year review and then a final assessment at which I’m given a performance and a potential rating. Many of you will be familiar with this exercise which is, frankly, irritating, humiliating and pointless for someone of my age and career aspirations. But I don’t want to argue the pros and cons of this. I want to know if I can refuse to take part in the process and what the consequences of doing so might be. My concern, at my time of life, is that my refusal could be used as grounds to get rid of me even though I believe I deliver what is asked of me and ‘do my job’. Does anyone know where I stand or know a good website source of info ?

ILW

What have you to gain by refusing?
It cannot help.

anamenottaken

UtiliBill wrote: »

Hello, I’m 55 years old and have worked for a large, major energy utility company for 24 years. Like many others I take part in a ‘performance review’ process. It has a yearly cycle in 3 stages:- setting objectives, a mid year review and then a final assessment at which I’m given a performance and a potential rating. Many of you will be familiar with this exercise which is, frankly, irritating, humiliating and pointless for someone of my age and career aspirations. But I don’t want to argue the pros and cons of this. I want to know if I can refuse to take part in the process and what the consequences of doing so might be. My concern, at my time of life, is that my refusal could be used as grounds to get rid of me even though I believe I deliver what is asked of me and ‘do my job’. Does anyone know where I stand or know a good website source of info ?

Yes, you can refuse - in that you are a human being free to make such a decision.

However it is a reasonable requirement of your management that you do participate in reviewing what you have done and what they want you to do. So if you refuse to participate you are refusing a reasonable request of management. If you have worked there 24 years you know where that is likely to lead.

If you believe that you deliver what is required of you, then you have the opportunity to have your employer confirm that your belief is true. If it is true, there is no humiliation. If it is not true, and even if you have absolutely no aspirations to take your career anywhere, you need to know it and also know what has to be done to change the opinion. Without that feedback, you will be losing the job which you seem to want to keep.

agrinnall

I imagine that if you refuse to take part your employer will be unable to measure your performance (after all, a review doesn't just look at the past, it also sets your objectives for the next review period) so would be justified in regarding you as having failed. I think you could expect to be fired within the next couple of years.

Fridge3

UtiliBill wrote: »

Hello, I’m 55 years old and have worked for a large, major energy utility company for 24 years. Like many others I take part in a ‘performance review’ process. It has a yearly cycle in 3 stages:- setting objectives, a mid year review and then a final assessment at which I’m given a performance and a potential rating. Many of you will be familiar with this exercise which is, frankly, irritating, humiliating and pointless for someone of my age and career aspirations. But I don’t want to argue the pros and cons of this. I want to know if I can refuse to take part in the process and what the consequences of doing so might be. My concern, at my time of life, is that my refusal could be used as grounds to get rid of me even though I believe I deliver what is asked of me and ‘do my job’. Does anyone know where I stand or know a good website source of info ?

Refusal to take part may result in performance being rated in your absence and without your input. Just because an employee thinks the process is pointless doesn't mean it is, or that they are exempt at a certain age. Objectives and performance can change, especially with age and technology etc. Why the concern?

UtiliBill

Thanks to all for taking the time to offer advice and thoughts. I actually do believe in the need for reviews and assessments, both from a manager’s and an individual’s perspective. They should be an opportunity to receive praise, offer constructive criticism, identify aspirations and needs, and make appropriate/personal plans to achieve mutually agreed goals ... overall it should be a flexible tool that is applied appropriately for different individuals and facilitates good management.

Unfortunately my experience of late in my place of work is not like that and I know many people in similar corporations who feel the same. My company is also, like many others, undergoing major organizational change, mostly the out-sourcing of a range of ‘corporate functions’, involving TUPE & redundancy. Coupled with this, the emphasis is increasingly on ‘raising the bar’ for staff in the retained organization. Many staff, not unexpectedly, feel very threatened. I know that I would not actually opt out altogether. However, take my word for it that the process within my company is deeply flawed.

Anyway, though I’m sure many people hold a variety of views on this what I need is practical advice on what is expected of me under employment law and if I have any options, rights or protections in the matter. Any employment law experts out there? :beer:

anamenottaken

UtiliBill wrote: »

Thanks to all for taking the time to offer advice and thoughts. I actually do believe in the need for reviews and assessments, both from a manager’s and an individual’s perspective. They should be an opportunity to receive praise, offer constructive criticism, identify aspirations and needs, and make appropriate/personal plans to achieve mutually agreed goals ... overall it should be a flexible tool that is applied appropriately for different individuals and facilitates good management.

Unfortunately my experience of late in my place of work is not like that and I know many people in similar corporations who feel the same. My company is also, like many others, undergoing major organizational change, mostly the out-sourcing of a range of ‘corporate functions’, involving TUPE & redundancy. Coupled with this, the emphasis is increasingly on ‘raising the bar’ for staff in the retained organization. Many staff, not unexpectedly, feel very threatened. I know that I would not actually opt out altogether. However, take my word for it that the process within my company is deeply flawed.

Anyway, though I’m sure many people hold a variety of views on this what I need is practical advice on what is expected of me under employment law and if I have any options, rights or protections in the matter. Any employment law experts out there? :beer:

As in my earlier post -

Under employment law you would be expected to accept reasonable requests made by your employer. This is a reasonable request.

I have no knowledge of a law to exempt you from reasonable, lawful requests made by your employer during the course of your employment. I don't think anyone will be able to give you the answer you want.

ILW

If you refuse point blank, they will be able to sack you for misconduct.

SueC_2

Complying with company systems and procedures is part of your job. The performance review process is included within this scope.

Yes - you can refuse.

Yes - they can discipline you for it.

Uncertain

UtiliBill wrote: »

Anyway, though I’m sure many people hold a variety of views on this what I need is practical advice on what is expected of me under employment law and if I have any options, rights or protections in the matter. Any employment law experts out there?

Well we all know the definition of an expert!

Anyway, more seriously, I agree that on the face of it this is a perfectly reasonable request. Any employment situation requires that you comply with reasonable requests from the company whether this is spelled out in your contract or not.

So, unless your contract states that you are not subject to such reviews (and I can't imagine for a moment it does) I can't see a way out.

Even if it did, contracts can be changed. Ultimately if you won't agree to any lawful change your only option is to resign and claim unfair dismissal. The chance of a tribunal finding this to be unfair, based on what you have said here, is next to zero.

Sorry!

Acc72

If you are worried about your company "getting rid" of you, then the best way to avoid this is to not become a problem employee for your manager.

Just attend the review, go through the motions, and carry on as you were.