Performance reviews are a regular formal meeting that is typically held by an employer with their employee every 6 to 12 months so that they can evaluate and discuss the employee`s past job performance. While there is no legal obligation to conduct assessments, it is a good practice to do so as they allow employers to monitor the performance of all employees (not just those who underperform) and provide feedback. They can also be used to evaluate salary increases and bonuses. Ultimately, they are designed to ensure that all performance management processes are managed consistently to prevent other employees from claiming they have been targeted (or possibly discriminated against). Implementing a discipline or flexible capacity process and determining how to deal with performance issues will help employers ensure that they follow a consistent process that allows them to deal with any situation based on their particular situation. The definition of defamation includes the disclosure of false information. Defamation can occur when an employee is evaluated based on behaviours that are irrelevant and unrelated to the work, when an evaluator does not include information that would explain or justify poor performance, or when an evaluator reviews a previous review to justify subsequent adverse actions against the employee. Is it legal for an employer to monitor an employee? Most legal cases involving performance management systems involve a claim for different treatment. What can an employee do if, for example, she feels that she has been unfairly given low performance scores and has been rejected for promotion because she is a woman? Performance management and performance evaluation are key management tools.

Although they fall under the same umbrella, they are not the same. Claims can arise from any stage of a performance management process. It is illegal for an employer to make decisions about work assignments and promotions based on an employee`s race, colour, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability or genetic information. What labor law and compliance issues should companies pay attention to when managing performance? Senior Counsel Toby Pochron of Freeths explains what you need to consider when it comes to valuations and performance management in general. It is crucial for employers to keep records of assessment sessions. For example, if an employee later feels that they have been treated unfairly, they may still have the right to make a claim. A performance record in the employee`s file as well as examples of problem areas (incident logs and other relevant documents) help an employer demonstrate that the review process and results were fair. Depending on the severity and type of behaviour underlying a poor outcome, employees who receive a poor performance rating should also be given a reasonable amount of time to improve before being penalized for it. To make such a claim, an employee can provide direct evidence of discrimination, such as when a supervisor makes sexist comments that may have influenced the performance management process.

Alternatively, it must provide evidence on the following topics: What steps can a manager take to improve employee performance? Evaluations should be balanced and (where possible) capture both good and bad aspects of an employee`s performance. In the event of a problem, employers should alert the employee to the lack of benefits as soon as possible. The employee should then be provided with an appropriate schedule for improvement. Employers should ensure that workplace requirements and expected performance levels are communicated to the employee at the outset of their employment. They should also keep their employees informed when performance requirements change. Not only will this help them minimize performance issues that arise from the beginning, but it will also help the employer deal with any poor performance issues that may arise by allowing them to emphasize their predetermined expectations. Learn how performance management software can help you document and track your performance process and any speed and accuracy issues. Employers should be willing to provide regular feedback and advice, especially for those who are struggling to meet performance expectations. This way, they may be able to solve the problem in time before it becomes an important problem. Assessments must be fair, accurate and supported by evidence and examples. For example, an incident log should be presented to the employee to prove areas of poor performance or bad behavior. Introduction to performance management when your workforce is remote For example, there may be a description of how often assessments take place or how often supervisors and employees should meet formally to discuss performance issues.

If an employee receives what they believe to be an unfair performance rating and the system has not been implemented as intended, they may be able to challenge the system due to negligence on the part of the organization. An employee may argue that the organization has defamed him or her if the employer provides false and defamatory information during the performance evaluation, or if such statements are made negligently or intentionally to a third party, such as: a potential future employer, exposing the employee to damage or loss of reputation. SHRM offers content as a service to its readers and members. It does not provide legal advice and cannot guarantee the accuracy or suitability of its content for a particular purpose. Warning Performance management techniques to promote your small business Overall, most employers will have to deal with misconduct or poor performance by an employee at some point. By adhering to a fair, transparent and consistent performance monitoring process and addressing potentially difficult issues quickly, employers can reduce the risk of unfair dismissal, discrimination and infringement complaints.