We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Unfair performance evaluation
pumen
Posts: 132 Forumite
Hello all. I need legal advice on the following employment situation. Maybe someone can recommend legal forum (couldn't find a good one) or a lawyer. Any suggestions/comments are welcome.
For appraisal year 2015 (in early 2016), I was given a performance rating of "meets some expectations" on my overall performance evaluation, including "meets some expectations" on all basic skills and competencies such as "drive for result", "instils trust", "values differences", etc. The rating means that I do not fully meet expectations for my role, even though I was in the same role for 4 years and all my prior appraisals (I was 9 years with the company at the time) were positive. I disagreed with the evaluation, but it was never changed and I never signed my appraisal form. Earlier this year, my company introduced mutual separation program based on criteria, clearly stating that people with rating of "meets some expectations" will be primarily considered for the separation program. Based on the rating and lack of promotion, I applied, but was denied. I am told that the primary reason for refusal of my application was critical individual skills. Following the response, I questioned how can someone with such rating (the rating means that I am placed in the bottom 10% of all employees) be critical? I was told by my manager (HR witnessed) that the rating was assigned to me due to mistake, due to being on some different budget (meaning that the rating was not assigned due to performance or merit), he thinks the rating means nothing, has no effect on anything, he does not care about ratings and he can change it to "meet expectations" if I want. He cannot do it due to the company policy. The rating affects annual salary increase, yearly bonus, consideration for promotions as well as is looked at when I apply for other roles. What are my options now from the legal side?
For appraisal year 2015 (in early 2016), I was given a performance rating of "meets some expectations" on my overall performance evaluation, including "meets some expectations" on all basic skills and competencies such as "drive for result", "instils trust", "values differences", etc. The rating means that I do not fully meet expectations for my role, even though I was in the same role for 4 years and all my prior appraisals (I was 9 years with the company at the time) were positive. I disagreed with the evaluation, but it was never changed and I never signed my appraisal form. Earlier this year, my company introduced mutual separation program based on criteria, clearly stating that people with rating of "meets some expectations" will be primarily considered for the separation program. Based on the rating and lack of promotion, I applied, but was denied. I am told that the primary reason for refusal of my application was critical individual skills. Following the response, I questioned how can someone with such rating (the rating means that I am placed in the bottom 10% of all employees) be critical? I was told by my manager (HR witnessed) that the rating was assigned to me due to mistake, due to being on some different budget (meaning that the rating was not assigned due to performance or merit), he thinks the rating means nothing, has no effect on anything, he does not care about ratings and he can change it to "meet expectations" if I want. He cannot do it due to the company policy. The rating affects annual salary increase, yearly bonus, consideration for promotions as well as is looked at when I apply for other roles. What are my options now from the legal side?
0
Comments
-
Are you being discriminated against due to a protected characteristic?
I don't think you can legally force them to do anything.0 -
I don't think so, but I really feel this is bullying and abuse of authority.0
-
bullying or abuse of authority is not against the law (seriously)0
-
I am very concerned with the situation, it is very stressful and I took a sick leave. I will appreciate any advice on the above.0
-
I am very concerned with the situation, it is very stressful and I took a sick leave. I will appreciate any advice on the above.
If you took sick leave when you were not sick then this is misconduct, your company does not have to agree with your view of your own ability, and there is nothing inconsistent about saying you have critical skills and saying that you fall short in some areas.
You seem to think that there's an obligation on your employers to be "fair". There isn't.0 -
I am very concerned with the situation, it is very stressful and I took a sick leave. I will appreciate any advice on the above.
I advise you look for a better work environment, maybe you've done nothing wrong and your face just doesnt fit. I'd look for another job, put your health first.
In case you have not noticed, you have been given advice, many times people get answers they dont like here but its just how it is.0 -
While your treatment is unfair and wrong, there is no law against this. I would leave at the earliest opportunity, just make sure you have some savings. It took me four months to find a job after having resigned in very similar circumstances.
Withdrawing you critical skills is the best punishment for your boss. Don't get bitter though, it's only a job, and he/she can't help being an idiot. Just smile to yourself every time they provides further evidence of this. :-)
That said, you may find that if you resign when they are laying staff off, they may offer you a pay rise to stay! If you stay, make sure you get more than you would have got if they have rated your performance fairly.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
Leaving without another job to go to is generally awful advice. It makes it far, far harder to get the next job.
And there is no way to know if the reviews were fair or not from what is written here.0 -
not an easy read some may have given up.Hello all. I need legal advice on the following employment situation. Maybe someone can recommend legal forum (couldn't find a good one) or a lawyer. Any suggestions/comments are welcome.
For appraisal year 2015 (in early 2016), I was given a performance rating of "meets some expectations" on my overall performance evaluation, including "meets some expectations" on all basic skills and competencies such as "drive for result", "instils trust", "values differences", etc.
The rating means that I do not fully meet expectations for my role, even though I was in the same role for 4 years and all my prior appraisals (I was 9 years with the company at the time) were positive.
I disagreed with the evaluation, but it was never changed and I never signed my appraisal form.
Earlier this year, my company introduced mutual separation program based on criteria, clearly stating that people with rating of "meets some expectations" will be primarily considered for the separation program.
Based on the rating and lack of promotion, I applied, but was denied.
I am told that the primary reason for refusal of my application was critical individual skills.
Following the response, I questioned how can someone with such rating (the rating means that I am placed in the bottom 10% of all employees) be critical?
I was told by my manager (HR witnessed) that the rating was assigned to me due to mistake, due to being on some different budget (meaning that the rating was not assigned due to performance or merit), he thinks the rating means nothing, has no effect on anything, he does not care about ratings and he can change it to "meet expectations" if I want.
He cannot do it due to the company policy. The rating affects annual salary increase, yearly bonus, consideration for promotions as well as is looked at when I apply for other roles.
What are my options now from the legal side?
None as far as I can see employment law does not deal with business decisions
Disagreeing with an evaluation is not enough you need to identify where they say you are falling short and explain why you think you are not
On the face of it they want you doing this job, they don't want to let you go, they don't want you getting promoted.
The way to tackle the "meets some expectations" it to ask what you need to to do in all the areas to exceed expectation, how they will be measured and monitored on an ongoing basis so next time your performance will have improved and you will be meeting expectation in all areas and exceeding in some if not all.
Where possible you turn subjective into objective so it can be measured.
I have known places where the appraisals marking is to fit an expected model eg 10% exceed expectation and 10% don't even if everyone exceeds the previously decided expectation 10% won't get the mark.0 -
GarthThomas wrote: »Leaving without another job to go to is generally awful advice. It makes it far, far harder to get the next job.
And there is no way to know if the reviews were fair or not from what is written here.
I don't believe anyone has told OP to leave without another job lined up.
Actually i take that back, the person above you actually did. DONT do that OP.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.3K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards