Can they do this?

(27 Posts)
Lameland69 Fri 21-Oct-16 16:41:44

I've been with a company a number of years. I was told the other day that they will be advertising for a role above mine; they have not asked, nor do they seem willing to consider me for this role. Understandably, I'm not too happy about this.
I had an appraisal back in December, a very casual one with just my line manager present. I never received a copy of the document but presumed feedback had been given to the CEO- turns out it hadn't. With this new issue that has arisen, I asked for a copy of my last appraisal. I received it via email today as I'm at home, and it is less than glowing to say the least. I truly believe that it has been written or amended yesterday, so it appears they have every reason to not consider me for this new role. My words have been twisted to make me sound difficult and incompetent. I'm pretty sure I'm neither of these things, if I was they've had 10 months to let me know, instead I have carried on my job as normal with no complaints. Question is, can they do this? Does it matter that my appraisal doc was given to me yesterday, 10 months late? How would I prove (or her disprove) that the document was written yesterday? And twisted to make me look incompetent, when they haven't said a word to me about my performance in 10 months? The worry is making me feel sick. Thanks for reading.

LIZS Fri 21-Oct-16 16:47:24

There is nothing to stop you applying. It may well be policy to advertise. There are ways of identifying what amendments have been made to a document electronically and when, and possibly by whom, depending on the format. Did you receive it via email? Check the policy for performance reviews, there should be a timeline and opportunity for you to respond and add comments. If this hasn't been followed you could raise a grievance (again there should be a published process) but be prepared for this to mark your card for the future.

lougle Fri 21-Oct-16 17:01:14

Would you want the role if they obviously don't want you to have it?

Lameland69 Fri 21-Oct-16 19:38:43

Thanks LIZS, should have probably said, it is exceptionally rare for anyone in our organisation to be interviewed. Most people are in positions they were promoted to. I know I can apply, in any other company, that would be standard, but not here. I was told my appraisal had been sat on the desktop of her home laptop, don't know how I'd prove it was amended recently. I received it via email. There doesn't appear to be a policy for performance reviews where I work, is there best policy they should follow somewhere?

Lameland69 Fri 21-Oct-16 19:41:15

lougle, I'm not sure I do, no, however I feel I now need to take a stand and not be pushed around anymore. I know my days are numbered, but it's the principle now.

MumUndone Fri 21-Oct-16 19:50:12

You say they don't seem willing to consider you for the role...have you discussed this with your manager? What reasons were you given?

flopsypopsymopsy Fri 21-Oct-16 19:56:03

You could apply and/or you could raise a grievance but do you really want to? For whatever reason, it seems your face doesn't fit.

Companies can be very strange. I've seen brilliant people passed over and kicked to the kerb. Other not so brilliant people seemingly rise to the top. It often makes no sense whatsoever so don't feel too bad about it.

Put your feelers out to see what else is about. It could be this is a sign telling you to get your finger out.

Lorelei76 Fri 21-Oct-16 19:58:14

RE your title
Yes they can advertise a post above you and not want you to apply
But uf they have falsified the appraisal record, that's an issue of course.
I would definitely question the written record - don't accuse without evidence but say it's not an accurate record.

LIZS Fri 21-Oct-16 20:06:22

If it is a word document switch on Track Changes to see any edits. I don't think there is a best practice for appraisals but have a look at the ACAS website or give them a call. Are you in a union, how long have you been employed by them?

Unthoughtknown Fri 21-Oct-16 20:12:14

I think you need to try and cast your mind back to the appraisal meeting and write out your version of events. Make it clear, in writing that you dispute the contents of the appraisal. Falsifying appraisal info and overlooking you for a promotion without explanation would point to bullying for me and I would raise w grievance.

Lorelei76 Fri 21-Oct-16 20:12:27

I was thinking they'd c and p into a new doc to avoid tracked changes, but i don't know about changing the document date, is that easy to do?

OneEpisode Fri 21-Oct-16 20:16:34

Do you have it in writing that your appraisal was on a home laptop?

Lameland69 Fri 21-Oct-16 21:41:27

OneEpisode yes, that's what was said in her email.

Lameland69 Fri 21-Oct-16 21:50:02

Mumundone I haven't yet, no, I'm on holiday. But it looks like they've newly fabricated some reasons so they're prepared for if I complain.

Lameland69 Fri 21-Oct-16 21:53:02

Flopsypopsymopsy like I say, it's the principle of the thing now, I've been looking to move on for a while, but nothing has been forthcoming yet. I just wanted to leave on my terms.

Lameland69 Fri 21-Oct-16 21:58:29

Lorelei76 yes I was specifically meaning the dodgy appraisal issue. I know they can not want me to have a job, unfair as it is, but to fabricate reasons last minute in anticipation of me querying it is well out of order.

Lameland69 Fri 21-Oct-16 22:01:41

LIZS I've been there 10 years. No union. I'll have a look at ACAS.

Lameland69 Fri 21-Oct-16 22:05:19

Lorelei76 I have no idea about changing the document date. I'll have a look.

TheWitchwithNoName Fri 21-Oct-16 22:15:28

Try file then properties I think. It might show an original date and then a modified date.

DPotter Fri 21-Oct-16 22:35:41

I've worked for companies where my face didn't fit, mainly because I told it as I saw it and they wanted things sugar-coated. I would just check the date of amendments as suggested by pp- just so you can smile enigmatically at your boss. And then apply anyway - if nothing else it will spur you on to update your CV and get yourself in 'moving job mode'. Last proper job I had, turned me down for a training scheme, and I asked for feedback. The HR person squirmed exquisitely when she told me I 'just didn't look like a * manager' (basically I was missing a Y chromosome) ; we had been on a interviews panel course which had explicitly 'forbidden' this type of feedback. I knew she was bullshitting, she knew she was bullshitting and most importantly she knew I knew. Didn't get me the job but spurred me on and out of there.

OneEpisode Fri 21-Oct-16 23:00:32

A home laptop would not seem very data protection compliant. Your appraisal would normally be something fairly confidential, to be shared only with those directly needing to see it. Normally that would include the employee, but not the spouse of the manager for instance..

user1468321775 Sat 22-Oct-16 08:04:47

I find it unusual that and appraisal would be a one sided documents. I work in reward/HR and I have only ever seen appraisals which were joint documents between manager and employee or at the very least had a comments/signature section for both. Otherwise how do they show that a conversation was even had? Is there no audit/tracking of appraisals done by HR or L&D departments?

OliviaStabler Sat 22-Oct-16 08:09:06

Do you have an Hr department? If so it is worth checking out both the appraisal and recruitment policies.

MumUndone Sat 22-Oct-16 08:32:19

I would suggest you meet with your manager when you're back from holiday and discuss both matters, i.e. that you'd like to apply for the more senior role - citing reasons and specific examples of why you're suitable for the position - and also that the appraisal document you've been sent doesn't reflect what you remember of the conversation.

I don't think you can make any assumptions or raise a grievance until you have more information and clearer evidence.

Lameland69 Tue 25-Oct-16 15:04:08

DPotter you're right, my face doesn't fit. Wouldn't be the first time, still, stubborn and I'm going to prove my point. (Then leave hopefully).

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