Are Appraisals a Legal Requirement?

Do you need to have an appraisal by law? Can you refuse them? We’ll take a look at the legalities that surround the appraisal below…


For some, appraisals might be a bit of a thorny issue. If an employee and their boss don’t see eye to eye, then things might become biased and unfair. At the very least, you may be nervous about heading into one. So it’s entirely understandable why you might want to avoid going through one entirely. It may surprise you, then, that it’s entirely possible to challenge workplace appraisals.

Below, we’ll talk you through the legal ins and outs, the rights you should know about ahead of time, and how to go about refusing an appraisal at work in a proper, professional way.

Are appraisals a legal requirement in the UK?

Appraisals are not required by law, but they are an effective way of reviewing your progress and discussing wider work issues, including career plans, promotions, bonuses and pay rises. Therefore, when carried out properly and professionally, they’re considered good workplace practice.

Can I refuse an appraisal?

Before we go into how you can challenge a workplace appraisal, let’s look at what an appraisal should always be:

  • Participative: An appraisal is a chance for both people involved to discuss achievements, future goals and challenges, as well as to give and receive feedback
  • Fair and based on evidence: Appraisals are backed up by evidence and fact that’s measured against pre-defined standards. They are not driven by opinion or bias.
  • Supportive: Ultimately, appraisals are they to support the appraisee by encouraging them to develop skills, identify areas for improvement and create goals that will help them to improve performance.

 

Of course, there are instances when these features aren’t apparent. Certain information may be cherry picked, giving an incomplete picture. The appraisee may be marked down or feel slighted in some way.

If you feel as though the outcome of an appraisal has been unfair in some way, then you have the right of appeal. Most employers will have an appeals process or some sort of mechanism in place so you can address and record your concerns.

If your appraisals usually end with you signing an agreement, then you are not legally required to sign this should you disagree with what was said during it. Likewise, you won’t be threatened with legal action by your employer should you refuse to do so.

However, your boss or a member of HR will likely indicate on the signature line your refusal. There’s an inherent implication or intention to your not signing. Instead of letting senior staff jump to conclusions, you may write something akin to “signed in receipt of the appraisal, rather than the rating from the appraisal itself” under your printed name. This shows you’ve acknowledged the appraisal but that you don’t agree with what was discussed during it.

How to refuse an appraisal at work

If you do decide to challenge an appraisal, then there’s a way to go about doing it in a professional manner. Here’s what you should do…

Look at things objectively

If you feel like you’ve been wronged, then emotions may be running high. But it’s important to keep a cool head. Instead of letting feelings get the better of you, try keeping the following in mind:

  • Find the aspects of the review which were truthful
  • Are the elements you disagree with in line with the parameters of your role?
  • Gather together what was based on opinion rather than factually correct information

Set up a follow-up meeting

Approach your manager to pick their brains about why they decided on their outcomes in the initial meeting. If they’re happy to sit down to a second meeting, use it to explain that you’d like to use the time to understand the review in more detail. Ask for specific examples of any negative points that were raised, so you can counter these with areas you excelled at. At the same time, while it’s tempting to go on the defensive, this is still a professional environment. Looking at things from the perspective of your manager will help you to go into this follow up meeting in an open, productive mindset.

Prepare for the next review

Your next appraisal will come around again soon enough. Of course, you don’t want to end up getting a similar review the next time around, so make sure you’re properly prepared for it.

Save examples of your work. Keep records of positive client feedback. Make sure you and your manager are aligned on expectations – and document them. Regularly communicate your progress to your manager. And when it’s time for the next appraisal, bring along the expectations that you laid out so you can compare their comments against them.

Speak to HR

If you’ve carried out the above and your appraisals continue to play out unfairly or based on inaccurate information, then it’s worth speaking to HR or your manager’s manager. This will help with reaching a more objective outcome, one that involves improvements to processes so that future appraisals are carried out with greater accuracy and fairness.

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