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Is this fair

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Last week I got back to work base and was asked to have a ‘chat’ I was handed a 3 letters one ‘warning of possible redundancies’ which went on to say they needed to make ‘a’ redundancy.

I was handed a scoring sheet, there are 6 people who do the same job as me, I was scored lowest out of 5, the 6th employee not on the sheet. 

The categories were length of service, attendance, qualifications and skills and attitude and flexibility.

Length of service is done on a scale 1-5 points, 5 being given to 8-10 years in service, however no one has worked at the company for that length of time and the company only started in 2014 - 6 years ago?

attendance - I broke my wrist therefore unable to do my job, I had 7 days absence for this in the past 24 months, 1 day in the last 19. This was done over a 24 month period. 20 months ago the sick pay policy was changed from being paid sick absence (which covered my broken wrist and therefore I was paid for this) to not being paid and anyone off sick was able to take as annual leave. Therefore anyone in this period has benefited from the change in policy in the sense of being able to score low on absence due to fact they took annual leave to ensure being paid due to change in policy

qualifications - there are two qualifications on the sheet. One is worth 2 points, the other 10 (all other sections are rated 0-5). The reason is stated as being due to it being more value to company. I have the 2 point qualification 

attitude and flexibility (0-5) I scored 0 (poor) due to my lack of flexibility to overtime and my attitude towards my colleagues. 
Today I had my first consultation meeting to address this. I demonstrated with evidence I have done 210 days of overtime out of 375 working day’s and also recent examples of helping and supporting my colleagues. I also queried the attitude given everyone of my appraisal since 2017 (that’s when my first one was) has been excellent (out of excellent satisfactory, poor or unsatisfactory!) I've never had any disciplinary action or been spoken to about my conduct. The director stated throughout the meeting ‘my opinion is x, y or z’ but had put in the original letter this was all scored on objective and quantifiable data but despite asking for it has not been able to provide it as they do not have formal staff records for the things they have scored me 0 on? 

Furthermore despite having a sheet with my scores and employees 1-4 scores as comparison, none of the other 4 employees have had their scores not details of a meeting. I’ve had my scores first meeting and my second consultation meeting is booked for Thursday.

I've worked for the company for over 5 years, never had a disciplinary, discussion about my conduct or attitude, complete regular overtime. I have suspected they ‘want me out’ for a while now on the basis I have brought up a number of health and safety issues for myself and colleagues so believe im being unfairly penalised for raising this, but I obviously can’t prove this. Is it reasonable to think the scoring system is potentially flawed and that I have possibly been scored poorly? The way the scoring is calculated means that someone with the 10 pointer qualification, with 20+ day’s sick and one years service scores higher than someone with 6 years service an excellent attitude and flexibility and excellent attendance?!


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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 25 August 2020 at 12:49PM
    The selection criteria appears fair. Pretty standard. The point of set criteria is to make the decision transparent. Without every individual arguing their own particular case which resolves nothing. 

    Unfortunately someone has to score the lowest. Doesn't mean that you are bad at your job. But the organisation needs to save money by cutting the headcount. One employee has to walk out the door. 
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    Looks perfectly legally fair
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    I think the most important score is the 0 for attitude and flexibility. They must really dislike you if they only scored you a zero on that one. 

    Although obviously not great news I think you need to prepare yourself for redundancy. 

  • java24
    java24 Posts: 7 Forumite
    Second Anniversary First Post
    Ok so the scores seem
    fair but how is it justified to score someone zero on attitude and flexibility with no evidence and just based on opinion? All appraisals are excellent, no disciplinaries etc. One comment was around overtime but as stated I’ve done 210/375 days of overtime! 

    How is length of service based on 8-10 years when the company has only been in operation 6? 

    Sorry but I need to understand because obviously I’m biased but I’m the second longest serving employee who has no history of any conduct issues, the other people in the category have 20/30/40 days sickness, less overtime and a couple of disciplinaries - so I really don’t see how this is fair.
  • java24
    java24 Posts: 7 Forumite
    Second Anniversary First Post
    Also 5 people have been scored but I’m the only person to have had my scores, first consultation meeting and second meeting booked in!
  • JReacher1
    JReacher1 Posts: 4,661 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    If everyone has been scored and you’ve come bottom then I don’t think the others need to be given their scores. 
  • java24
    java24 Posts: 7 Forumite
    Second Anniversary First Post
    Ok thanks

    im reading online that it should be based on data you can prove is fact, when this is really based on opinion

    i scored lowest because I queried some health and safety issues and they didn’t like it, not because my attitude is bad because my work record reflects that it isnt

    i guess what I’m asking is that whilst I don’t disagree the scoring criteria could be defined fair the fact I’ve blatantly been scored lowest just after reporting something related to health and safety is that fair
  • lincroft1710
    lincroft1710 Posts: 18,930 Forumite
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    java24 said:
    i guess what I’m asking is that whilst I don’t disagree the scoring criteria could be defined fair the fact I’ve blatantly been scored lowest just after reporting something related to health and safety is that fair
    Prove that that is the reason you've been poorly scored, rather than just assuming.     .
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • java24
    java24 Posts: 7 Forumite
    Second Anniversary First Post
    I’m not assuming

    The acas process online states it has to be fair, they should consult with everyone and agree selection criteria - did not happen
    it also states criteria should be objectively based and not based on opinion

    there does an employer have to prove how they have objectively decided these factors? Ie you can rate someone a zero for attitude but you’ve never had a problem with it before? In 5 years of service with excellent appraisals, bonuses, no disciplinaries, text messages from the manager saying they don’t want to lose you and I’m the highest paid employee for a reason? But yet they don’t hVe to justify the zero score?


  • Comms69
    Comms69 Posts: 14,229 Forumite
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    java24 said:
    I’m not assuming

    The acas process online states it has to be fair, they should consult with everyone and agree selection criteria - did not happen
    it also states criteria should be objectively based and not based on opinion

    there does an employer have to prove how they have objectively decided these factors? Ie you can rate someone a zero for attitude but you’ve never had a problem with it before? In 5 years of service with excellent appraisals, bonuses, no disciplinaries, text messages from the manager saying they don’t want to lose you and I’m the highest paid employee for a reason? But yet they don’t hVe to justify the zero score?


    ACAS is not the law. There is no need for an employer to ask you how you think you should be scored. 
    Opinion is perfectly valid, your appraisal is opinion, your interview is opinion. 

    You dont like the scoring, that is not the same as it being legally unfair. 

    Here's what will happen - you will still lose your job, but also lose a good reference and maybe even a decent severence package, because you think something is unfair. 
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