Dh got unfairly torn to shreds in an appraisal - what are his rights?

[Spillage21]

Long sorry...

DH is in sales and was headhunted by his current employer: he was well respected in his industry (which is quite small) and had a long and solid track record in sales and management. He's a good bloke, loyal to his employers and hardworking.

For a few months he was in a 'floating' role while they found a permanent role for him. This post duly materialised just before Xmas and he officially took over the role on the 1st Feb.

He had his appraisal on Thurs and was torn to shreds by his manager and senior manager, leaving him shocked and angry to say the least. He was asked to explain his every movement, i.e. sales calls, and daily activities and was told it 'wasn't good enough' and wasn't given an opportunity to defend himself. His 'defence' when he was allowed to talk was ignored.

He reckons they just don't want him there: although the annual budgets supported his role, he thinks the managers just don't want another team member in their territory.

Thing is, any other time he'd just get his head down and look for new job, but next week we're exchanging on a house sale because we were moving to be nearer my son's secondary school (which is fee-paying [because he's got a learning disability, before you flame me]) and I've resigned from my job to start new job down there.

What, oh legal-eagle type MNetters, would you do??!!

[waitingforgodot]

I dont have much advice however the first rule of appraisal is "no surprises".
Bad form to slate him I would say. If there had been any issues with performance then they should have been dealt with before now. How does your DH feel? Does he want to look for a new role?

[Spillage21]

Hell yeah. He wants to resign on the spot, but it's easier (and looks better) to apply for jobs when you're already in one.

What do you reckon, letter to HR or straight to employment lawyer (we have legal cover on insurance)? I think they're going to try and fire him on the basis he's not doing his job (which is bolloxs frankly).

He's wondering whether to just ask outright if they want him to go.

[bosch]

From a position of complete ignorance, I would advise that the first thing he does is collect evidence.

It sounds like he's been put in an 'awkward' position vis floating role so he needs to get straight what he was asked to do there, how well he did it, and how he went the extra mile/asked for extra work/whatever. I mean emails, financial figures, anything that will show how he's been an asset.

Since he's only been in his current role 5 weeks, seems a bit early to be finding reasons to sack him (legitimately that is) so yes, he should talk to HR about what company policies are, so he's prepared.

Find out how much your legal cover is worth in terms of time with a solicitor - don't want to spend it before it's of value, iyswim.

[probonino]

How much paperwork does he have to support his "good" work?

He needs to collate it, including all herograms etc.

He needs to write as accurately as he can all he can recall about his relationship with his managers, instructions carried out, conversations he had with them before this.

Do not let him resign, it's what they want. Ask someone who knows about these things whether he should write a letter challenging the appraisal right now to make it "official". I think he should -- they hate him anyway and he's got nothing to lose. He needs to start looking for a job but make it really difficult for them to sack him before he finds one. He also needs to keep really accurate records from now on concerning everything he does at work for his defence in any tribunal, should it come to that.

[JustAnotherManicMummy]

Um, I think you're over-reating tbh. If he's had a bad appraisal there should be an appeals process. That's the first step. Forget employment lawyers and going to HR yet - that will have cost implications both financial and to his reputation if it's a small industry as you say.

However, the question is was it a formal appraisal with a grade given or a one-to-one? If it was the latter it's perfectly acceptable to be raising any issues, as long as they are constructive. It sounds like things got pretty heated so it's possible the situation got out of hand.

I would suggest your DH documents the meeting as a precaution in case it does get messy. But the first thing he needs to do is know exactly what sort of meeting that was, what the outcome of that meeting is if anything.

It's not unreasonable of an employer to ask an employee to account for their time during working hours - but there is a right way and a wrong way of doing it. And a right way and a wrong way of responding.

[Spillage21]

It's hard to be objective at the mo', but DH is pretty laid back and a grown up - he can take constructive criticism without the need to stamp his foot.

[RibenaBerry]

I agree with Manic. It's good advice.

Also bear in mind that, unless he's been with the company a year, he doesn't have any rights in terms of dismissal (unless he is dismissed in connection with one of the legally protected headings of discrimination, like sex or religion). Therefore the best thing to do is keep his head down and try and win them over!

[SparkleandShine]

having "been there" I would say the following

They want rid of him

He is best to go and find a new job now before he's pushed.

He needs to collect evidence of his good work just in case he is fired and needs to go to tribunal...

sorry but I think this is sometmes the case...however good he is he may not get a fair hearing...